Legal Question in Civil Litigation in New York

Cablevision - illegal cable decorder

''Cablevision has received information which indicates you purchased a cable television decorder(s) from MODERN ELECT on or about January 23, 1996.'' This is the exact word of a letter I received from Cablevision. They treaten to sue me unless I return the cable box and settle for $3500.

I did bought a cable box from this company either in 1995 or 1994 prior to moving into my current residence. I start signing up with Cablevision in either Dec 95 or beginning of 96. Either way, I own the equipment prior to signing up with them. Can they sue me for something I own before using their service. My problem is I cannot prove the purchase date because I lost the receipt/invoice. Also, the cable box was out of order years ago and it's already been discarded.

Should I settle with them just to avoid legal battle?

Can I bargain down the settlement?

Do I need a lawyer?


Asked on 11/06/02, 10:34 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Cablevision - illegal cable decorder

I have been dealing with this issue with various clients over a long period of time.

First. Ownership of the box itself is not illegal. Use of the box is illegal. Cablevision received your name from a subpoena it issued on the entity that supplied you with the box.

Second. If you have cable, and if you purchased the option giving you all the channels (the purchase had to be made when you had the "illegal" cable box), Cablevision cannot seek damages since, in theory, the company was never damaged.

Third. If the above statement is not true, you can attempt to negotiate a better settlement. However, most attorneys (including myself) would charge over $3,500.00 so it is logical to settle with the attorney.

Mike.

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Answered on 11/07/02, 8:36 am


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