Comcast’s sweeping disclaimers of responsibility for failures or confusion over its home security system made it next to impossible for a Washington state judge to find the cable company or its contractor liable for an alleged system failure that allowed two men to break into a Kirkland home undetected and torture the family’s teenage son.

Washington Superior Court Judge William Downing sympathized with the Rawat family over the intuitiveness of XFINITY’s Home Security system that required the family to arm it by selecting “away” mode before going to sleep, in turn activating motion detectors that would have alerted the family to the break-in.

“In the world of made-up words like XFINITY and meaningless slogans like ‘The Future of Awesome,’ this is not startling,” the judge said. “It is Microsoft that has trained us to shut down our computers by going to the ‘Start’ menu. More to the point, it is equally counterintuitive to believe that an indoor motion detector would be armed when a system was being set for a family and pets intending to stay inside the house.”

Comcast’s security contract lets the company walk away from responsibility for virtually everything.

Despite that, the Rawat family attorney had a high hurdle to overcome – Comcast’s contract with its customers that disavowed responsibility for almost any and all failures of the system and goes as far as to require victims to protect Comcast if a matter reaches the courts.

“Comcast complied with the terms of its written contract and did not breach any of its contractual duties,” the judge said. “No claims can lie for breaches of any expressed or implied warranties that were effectively disclaimed in the written contract.”

The judge added the plaintiffs may have exposed imperfections in Comcast’s installer training, the information conveyed on its lighted home security system control panels, and the nomenclature used to designate different system modes. But none of those acts overcame Comcast’s contractual disclaimers and failed to reach the legal definition of negligence.

Comcast’s attorneys argued the undetected break-in was the fault of the Rawat family because they failed to use the XFINITY Home Security system properly. To activate protection, the family had to arm the system in “away” mode before going to sleep, despite the fact the system’s motion detectors could trigger a false alarm if anyone moved inside of the home.

Downing

Ultimately, the judge found Comcast’s argument compelling.

“The malicious attack by the two criminals was motivated by pure evil and warrants every last second of punishment that they receive,” the Comcast attorney said. “However, what happened to Deep Rawat is not the result of anything that Comcast or Pioneer [the contractor] did or did not do.”

In short, the family should hold Blessing Gainey and Vincent Sisounong, who pled guilty to the attack last year, responsible, not Comcast or its contractor.

While acknowledging the severity of the plaintiffs’ son’s injuries and the emotional impact of the crime, the judge could not find Comcast responsible under the terms of the contract the family willingly signed.

But the case may offer some insight for other Comcast customers who either have or are evaluating an XFINITY Home Security system. A careful review of the contract Comcast makes customers sign may prove important as a customer considers their options for home security and personal protection.

A system audit by Comcast has created a firestorm across Florida’s Panhandle after customers lost dozens of channels while Comcast used it as an opportunity to sell customers more expensive television packages.

The cable company has been installing new technology that will help it verify customers are not getting channels or services they are not entitled to receive. After auditing subscribers in the Tallahassee area, many long-time Comcast customers found their TV lineup dramatically reduced, often with no warning.

“We found customers had access to channels not included with their service level,” Comcast spokeswoman Mindy Kramer told the Tallahassee Democrat. “Meaning, they were getting some channels that they had not subscribed to in their specific package.”

Comcast used the audit to upsell customers to a pricier package to get those missing channels back, annoying customers.

“During a recent system audit, it was discovered that you may be receiving channels that are not part of the video service to which you currently subscribe,” a Comcast letter said. It then gave an example of a channel the person had been receiving in error and suggested the customer upgrade if they wanted to continue receiving the same service.

“We apologize for any inconvenience this change may cause,” the letter said. “We appreciate your business and thank you for being a loyal Comcast customer.”

Numerous Tallahassee customers contacted the newspaper and local media outlets to complain they lost dozens of channels without notice, many they had received for years. More recent subscribers also discovered their packages were suddenly much smaller.

Among seniors, the loss of Turner Classic Movies brought the most complaints. Customers who had received the network erroneously as part of a Digital Starter TV package ($43.45-68.95/mo) were told they must upgrade to Digital Premiere service to get that single channel back. That represents a rate increase of $22.94-47.54 a month, depending on the area. Digital Premiere costs $90.99-$131.99/mo., according to Comcast’s website.

Ron Crolla ended up paying a promotional rate increase of about $20 a month to restore his 85-year-old father’s Comcast service in a Tallahassee assisted living facility. Crolla said Comcast dropped about half of his father’s TV channels and did the same for many others in the same facility.

“The TV is his primary form of entertainment; he can’t drive, he can’t walk much,” Crolla told the newspaper. “It just seems all underhanded,” he said. “It just seemed like a crappy thing to do.”

Others thought about the same, judging from the newspaper’s Facebook page, overwhelmed with so many complaints about Comcast, a reporter covered the angry responses in another story:

Man, do people hate Comcast.

I can say that because that’s what many people told me this week, after a story ran in this newspaper about Comcast stripping cable customers of channels they weren’t paying for.

Dozens of emails and hundreds of Facebook and online comments came in hot. Most people shared their stories in gritty detail, breaking down their channel line-ups, what they paid and when. Some even passed on the name of the customer service representative they were dealing with, others just spun into a tirade.

People freely tossed out words like “furious,” “worst,” “sucks,” “hate” and others not fit for print. Something was triggered. People were pouring their hearts out in emails. It was personal. They were feeding off each other, finding solace in having a common enemy.

For many, it wasn’t about justifying the fairness of getting the extra channels for free, it was about Comcast’s method of ferreting out customers and dropping the channels with what many claim was no warning.

“If they wrote me a letter and told me I was getting extra channels for free, I probably wouldn’t even realize it because Comcast’s packages and lineups are so confusing,” said Tallahassee resident and Stop the Cap! reader Neil. “The classy way to handle it would be Comcast admitting it was entirely at fault and offering a special deal to keep the channels on at their wholesale cost for 6-12 months. I don’t want them to have to pay for something I am getting for free, but they decided to profit from their mistake at the customer’s expense. That is why Comcast is so despised around here. It is always an angle with them to get more money. If I make a mistake, I own up to it. If they make a mistake, they want to bill me for it.”

After serving just two years as the chief financial officer of Time Warner Cable, Arthur Minson today left the cable company to become president and chief operating officer of WeWork, a shared office space provider.

Time Warner Cable isn’t announcing a permanent replacement. Instead, William F. Osbourn, Jr., who now serves as senior vice president-controller and chief accounting officer, and Matthew Siegel, who currently serves as senior vice president and treasurer, will serve as acting co-CFOs.

Last year Minson made $13 million, after receiving an effective 137% raise over 2013. He reportedly has $1,826,915 in awarded Time Warner Cable stock and option awards worth $1,767,619. If Comcast had successfully purchased Time Warner Cable, Minson would have walked away with a $27 million golden parachute. Charter has not yet disclosed what it intends to pay Time Warner Cable executives in exit bonuses.

“I thought I was watching Comedy Central,” said Ralph Wilson, a longtime Charter customer in suburban Los Angeles. He was actually watching a Bloomberg News interview with the CEO of Charter Communications regarding yesterday’s formal merger announcement. “What cable company was Thomas Rutledge talking about when he said Charter would bring better service to Time Warner and Bright House? Charter blows.”

Wilson is just one of several unimpressed Charter customers responding to the news their cable company is about to grow more than four times larger with the acquisition of the larger Time Warner Cable and the smaller Bright House Networks.

“They promise you 60Mbps and you are lucky to see 40Mbps unless it is raining,” said Aaron Peters, a Charter customer in Texas. “Then you are lucky if you get anything. You sure won’t get anyone on their support line.”

“I’d rather have my fingernails pulled out than have to deal with Charter,” writes Betty, a 74-year old Stop the Cap! reader in Wyoming. “I’ve had cable out sometimes for five days and when the last time it was out, the slobs that showed up to fix it were shabbily dressed and one had his zipper down. It’s disgraceful.”

“Maybe it will go from F-minus to an F,” Terence Allen of Atlanta told the New York Times. Allen, among others, recited a litany of service problems familiar to many Charter customers around the country: Screen freeze and pixelation, unresponsive remote controls, uneven broadband speeds, slurring and skipping over dialogue, and problems getting a real person on the phone.

For Time Warner Cable customers in particular, it is unlikely that prayers for better service from a new owner are going to be answered.

“‘Not quite as bad’ may be about as good as they can get with this deal,” reflected the Times.

“Charter is not going to revolutionize Time Warner’s service quality, because Charter’s service quality is not that much better,” said Mark Cooper, director of research at the Consumer Federation of America.

Pay for 60Mbps, get 40ish instead.

One of the key arguments in favor of the merger is that long-suffering Time Warner Cable customers will finally get faster Internet speeds. Time Warner Cable Maxx upgrades, now likely to be shelved by Charter, were already outperforming several of Charter’s own speed commitments. Charter’s theme pushing faster speeds for one and all might appeal to the broad masses of Time Warner Cable customers yet to be upgraded.

“Except what Charter advertises is often not what they actually deliver,” complains Wilson. “They tell you it’s 60Mbps, but here in LA it is often closer to 40Mbps and when you complain, they claim they don’t guarantee speeds.”

Allen in Atlanta also signed up for faster speeds from Charter, but never got them.

“Their high end doesn’t seem to be very high-end,” Allen said.

He also called Charter to complain but never got to speak a customer service agent. Instead, an automated attendant instructed him to unplug his modem to reset it, to no avail.

“Getting a human on Charter’s customer service line to help you with a problem is a laugh,” said Sue Turner, a Charter customer in Montana. “They keep telling us Charter is better than the last three owners of our cable system because their repair service calls are way down. Well of course if you cannot actually reach anyone to schedule a service call, that works too.”

Turner has seen three cable companies come and go in her part of Montana since April 2002. Comcast sold many of its cable systems in the sparsely populated states of the Rockies to Bresnan Communications that year. Cablevision acquired Bresnan in 2010 and rebranded her cable system Optimum West. Just three years later, Cablevision sold all of its interests outside of the northeastern U.S. to Charter Communications, which runs things today.

“Badly,” Turner said. “The biggest problem is the weather which always affects our television and Internet service. Charter has been here six times in two years to try to fix things, but the only realistic way to get service is to go down to the cable office and demand they do something. You don’t get help on the phone.”

“I would say my impression overall of Charter is that they talk very well about their services and their breadth and depth, but quite honestly they don’t deliver very well,” Mr. Allen told the newspaper. “One of the things they push quite a bit is the bundle — telephone, Internet and cable. I would never even consider getting the telephone because their cable and Internet can be so dodgy.”

The Better Business Bureau in St. Louis, which tracks complaints about Charter, found at least 5,183 unsatisfied customers over the last three years willing to escalate matters to them. Most are about problems with Charter service, which would seem to show there is a problem.

Nonsense, counters Alex Dudley, one of Charter’s senior spokesmen.

“Charter takes our customer service very seriously,” Dudley said. “There are millions of Charter customers who are satisfied with our products.”

Shaneice Johnson in Connecticut isn’t one of them.

“Oh my God I thought Frontier was awful when they took over AT&T here,” she tells Stop the Cap! “But then when we switched to Charter my modem has dropped weekly and all I get is attitude from customer service about how they know how the Internet is supposed to be run and it must be my fault. Years of good service with AT&T with no problems but now it must be my fault because their service is off up and down the street? I don’t think so. We need to get some competition in here.”

On that point, many would agree.

“If Charter had Google Fiber here chasing them, I guarantee they would clean up their act, but when their only competition is AT&T DSL, they just don’t care,” said Wilson.

Just in time for the summer fireworks, Comcast’s own rate explosion may be arriving in your mailbox. The cable company is boosting rates on cable television and broadband service in several regions, including higher Broadcast TV surcharges and, for some, the introduction of a new compulsory sports programming fee. Comcast customers shared their rate increase letter with Broadband Reports.

The original notification letter was littered with grammatical and spelling errors and obviously was never proofread. Maybe they are using the extra money to hire someone to help out with that. We’ve translated the text into the English language:

At Comcast, we are committed to constantly improving your entertainment and communications experience, and we continue to invest in making your services even better. Due to increases we incur in programming and other business costs, we periodically need to adjust our prices as we make these and other investments.

Starting on July 1, 2015, the prices of select XFINITY TV and Internet services and equipment will change. We’ve included the changes in this notice. Among these price changes, we have itemized a Regional Sports fee for customers receiving Digital Starter service tiers and above to offset the rising costs of distributing regional sports networks.

In the Atlanta area, a sample of rate changes include: a Limited Basic rate hike between $1-3 a month, a Standard Cable increase of $1 a month, a $2 hike in HD DVR Service (was $8, soon to be $10), a $1 Regional Sports fee, a $1.75 a month increase in the Broadcast TV Fee (this varies widely in different Comcast markets), and a $3 increase in the cost of Blast! With XFINITY TV or Voice Service (was $67.95, now $70.95). The modem rental fee remains unchanged at $10/mo.

Rates are unaffected for customers on term contracts or promotions until those plans expire. It will also not affect customers who have previously received a notification of a rate hike during 2015.