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.

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.

If it works properly

Comcast has blamed its customer for the failure of its home security system to detect a break in and alert police before intruders terrorized and tortured their son.

Last fall, Stop the Cap! told readers about the plight of the Rawat family, in Kirkland, Wash., who depended on home security services provided by Comcast and now wished they didn’t.

In November 2013, police say Vincent Sisounong and Blessing Gainey planned a home invasion to steal vehicles, electronics, and money from the family. To achieve their plan, the 21 and 19-year old had to defeat Comcast’s Xfinity Home security system. According to a lawsuit now being heard in a bench trial this week, the two men didn’t have to do anything because the system never worked properly.

After entering the Rawat home, the two planned to find the family’s 18-year old son Deep and “chop off one of his arms and legs with various cutting tools” as an intimidation tactic. The attack started in Deep’s bedroom. The two men dragged him to the basement, where Sisounong instructed Gainey to hack at Rawat’s leg down to the bone, and then stabbed Rawat himself. Court documents said Sisounong told detectives that he wanted the victim to “fight for his life,” and when asked if the experience was enjoyable, he said, “yeah.”

Sisounong (L) and Gainey (R)

For nearly half an hour, the struggle between the two intruders and Deep continued inside the home and finally ended when the intruders walked out the door. At no time did Comcast’s security system sound. The family had to ask neighbors to call police.

Comcast quickly blamed the family for not installing and using its system properly, despite the fact its installation was planned and performed by a Comcast subcontractor.

This week, the torture victim and his parents, Leena and Manoj Rawat, argued that Comcast and its contractor Pioneer Cable Contractors, Inc. improperly installed the Xfinity Home system. A recommendation from the installer placed the system’s motion detector in the basement, where it provided no protection when the family was home. The installer allegedly told the family they did not need window sensors because the motion detector was a suitable alternative. Although window sensors are usually constantly monitored, motion detectors are not when a family is home to prevent false alarms.

“This advice runs counter to every standard in the industry,” Rawat family attorney Ken Friedman argued during his opening arguments Monday. “The system as set up was useless, or in some cases worse than useless, because it provided a false sense of security.”

Friedman is also fighting to overcome Comcast’s terms and conditions, which require customers to protect Comcast’s interests above their own at all times, even when the company is found negligent. To emphasize the point, Comcast places it in bold, extra-large capital lettering:

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

YOUR DUTY TO PROTECT/INDEMNIFY THE COMPANY APPLIES EVEN IN THE CASE OF THE COMPANY’S OWN NEGLIGENCE.

“If their argument is to be accepted, they could put in empty black boxes throughout the house and say, ‘That’s your system.’ And then something goes wrong, and they say, ‘We never promised you it would work,’” said Friedman.

A better option?

The Rawat’s lawsuit alleges negligence, breach of contract and express and implied warranties, and a violation of the Washington Consumer Protection Act.

Comcast’s response is that their alarm system was never at fault.

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

Pastore claimed the family specifically ordered the alarm as it was installed, and it was working properly. The fault lied with the family because they failed to arm the system’s motion detectors by setting it to the “away” mode while they were asleep.

But if they had done as Pastore suggested, the motion sensor would have sounded the alarm if any family member moved around inside the home. The window sensors were designed to work at all times and would not sound unless a window was opened or broken. For added security and peace of mind, you can click here to visit Maverick Windows for free consultation and expert guidance in choosing the ideal windows for your home.

A well-placed source in Washington, D.C. with knowledge of the matter tells Stop the Cap! the Federal Communications Commission is prepared to take a hard look at the issue of Internet data caps and usage-based billing if a major cable operator like Comcast imposes usage allowances on its broadband customers nationwide.

Comcast introduced its usage cap market trial in Nashville, Tenn. in 2012 but gradually expanded it to include Huntsville and Mobile, Alabama; Atlanta, Augusta and Savannah, Georgia; Central Kentucky; Maine; Jackson, Mississippi; Knoxville and Memphis, Tennessee; Charleston, South Carolina; and Tucson, Arizona.

“Two and a half-years is exceptionally long for a ‘market trial,’ and we expected Comcast would avoid creating an issue for regulators by drawing attention to the data cap issue during its attempted merger with Time Warner Cable,” said our source. “Now that the merger is off, there is growing expectation Comcast will make a decision about its ‘data usage plans’ soon.”

In most test markets, Comcast is limiting residential customers to 300GB of usage per month, after which an overlimit fee of $10 per 50GB applies. Despite that, Comcast’s forthcoming premium gigabit speed plans are exempt from usage caps, the company announced.

Comcast sustomers in market test cities have not been happy with the usage caps, some confronted with inaccurate usage measurement tools or “bill shock” after claiming to find surprise charges on their cable bill. One federal employee offered his own story of bill shock — $200 in overlimit fees on his April Comcast bill. The customer spent $70 a month on broadcast basic cable television and Comcast Internet service. As an almost cord-cutter, he could instead rely on one of several alternative online video providers like Netflix or Hulu, but watching video that did not come from Comcast’s cable TV package contributed to eating his monthly usage allowance and subjected him to hundreds of dollars in extra fees.

“I’ve reviewed [the] account to see and can confirm the charges are valid,” responded a Comcast representative who defended the company’s usage cap trials. “Please understand that we are not here to take advantage of customers. We are here to provide a great customer service experience.  After researching [the] account, at this time no matter what level of service you obtain, the Internet usage [allowance] will remain the same.”

To date, the Federal Communications Commission has left the issue of data caps and usage-based billing on the back burner, despite a Government Accounting Office report that found little justification for usage limits or compulsory usage allowances on broadband.

In 2012, former FCC chairman Julius Genachowski defended the practice, claiming it would bring lower prices to light users, spur “innovation” and enable consumer choice. But Comcast customers have found little, if any savings from Comcast’s so-called “data usage plans.” The only savings comes from enrollment in Comcast’s Flexible Data Option, which offers a $5 discount if a customer keeps usage under 5GB a month on just one plan — Comcast’s 3Mbps $39.95/mo Economy Plus tier.

“We don’t see much innovation coming from Comcast’s usage limit trials because Internet pricing continues to rise and the plans have the side effect of discouraging customers from using competing video providers, which can consume a lot of a customer’s usage allowance,” our source adds.

You are over our arbitrary usage limit!

As far as enabling consumer choice, Comcast’s own representative put the kibosh on that, unless a customer wants to pay higher Internet bills.

Net Neutrality and issues surrounding Title II have consumed much of the FCC’s attention in the residential broadband business during the first half of the Obama Administration’s second term. Usage billing and data caps are likely to become bigger issues during the second half if there is a decisive move towards compulsory usage limits and consumption billing by large operators.

“An operator the size of Comcast absolutely will draw scrutiny,” said our source. “If Comcast decides to impose its currently tested market trial plans on Comcast customers nationwide, the FCC will take a closer look. Under Title II, the agency is empowered to watch for attempts to circumvent Net Neutrality policies. Usage caps and charging additional fees to customers looking for an alternative to the cable television package will qualify, especially if Comcast continues to try to exempt itself.”

Cable industry officials have also become aware of the buzz surrounding usage caps and growing regulator concern. Some reportedly discussed the possibility of FCC intervention behind closed doors at the recent cable industry conference in Chicago. Multichannel News reported (sub. req.) cable industry executives increasingly fear federal officials will ban usage pricing for wired broadband service on competitive grounds. Online video competitors rely on large cable and phone companies to reach prospective customers, many that may think twice if usage allowances are imposed on consumer broadband accounts.

The Cable Show (now known as INTX) is often used by the cable industry to announce and preview new products and services, and at this year’s convention in Chicago, Comcast CEO Brian Roberts used the occasion to introduce the company’s new DOCSIS 3.1 multi-purpose Home Gateway capable of delivering gigabit speeds over its existing hybrid fiber-coax network.

Apart from Comcast’s intentions to deliver 2Gbps broadband over a new fiber to the home network the company is planning for customers in near its local fiber backbone, the new Gigabit Home Gateway was designed by Comcast engineers in Philadelphia and vendors in Silicon Valley to work on Comcast’s existing coaxial cable network.

Comcast will first need to deploy the next generation standard for delivering broadband over cable networks – DOCSIS 3.1, which can combine several “channels” devoted to broadband service to create a super high-speed online experience. Comcast has spent the past several years moving analog TV channels to digital service, freeing up bandwidth it can devote to faster Internet speeds.

Although Comcast’s 2Gbps fiber service will be a limited offering, its 1Gbps cable broadband service should be available “to virtually all Xfinity customers once the DOCSIS 3.1 networking standard is deployed nationally,” according to Tony Werner, Comcast’s chief technology officer.

In addition to supporting gigabit Internet, the new gateway will support gigabit Wi-Fi, IP video, and integrate Comcast’s existing home security and automation services.

The device will go into production this year with plans to introduce it to consumers sometime in 2016. No pricing details were available.