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Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 33763
Experience:  Began practicing law in 1992
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I want to take comcast to small claims courts because they

Customer Question

I want to take comcast to small claims courts because they gave me misinformation
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 1 year ago.
When i signed up for comcast they gave me an online promotion where i can get 12 mons of cable and internet for 49.99 plus a 50 dollar visa gift card. Couple of days after i signed up i called asking if i was eligible for any free trials for their upgraded tv packages and they told me about the 30 day money back guarantee in which i could get upgraded service and that after 30 days i can switch back to the services i originally signed up for. After 30 days i went to their chat to downgrade and they told me that my billing date was not complete until three more days so i disconnected the chat because i was under the impression that i had more time. I eventually figure out that information was wrong and the day i went on the chat was the actual day my trial was done. So after a few days i talked to customer service and they tell me they are unable to put me back on the package i signed up for and that i must pay for the upgraded services because i did not cancel in time even though the rep gave me misinformation. I tell them that when i signed up that they said i could downgrade to my original package after 30 days and they say that is not correct. So I ended up filing a complaint with the city and they gave me a lesser package without the 50 dollar visa gift card plus i would have to pay for the trial period. I was wondering if take comcast to small claims court is it worth it? And what forms do i need to start this process. I just want a fair solution. Not looking to make a profit or anything.
Expert:  Dwayne B. replied 1 year ago.

We can't tell you what forms to file, but if you look on the small claims website for your state it should be obvious. You start with a petition or complaint, but I can't tell you any more than that due to website rules.

However, if the damages were $50, then it really isn't worth your trouble. Plus, if Comcast countersues and the judge finds against you because you didn't prove your case (normally because you couldn't get your evidence admitted over the objections of the other side's lawyer) then you would likely have to pay their attorney's fees. Thus it means you're risking a few thousand to get back $50, so the odds aren't right. It's really a personal choice though.

Customer: replied 1 year ago.
its more than 50 dollars because they charged me for the upgraded plan and refused to put me back to my original plan.
Expert:  Dwayne B. replied 1 year ago.

So what are your total damages?

Expert:  Dwayne B. replied 1 year ago.

The issue will always be whether it is worth the risk to you, regardless of whether the damages are $50 or $1500. You can safely assume that the attorney's fees will be between $1500 and $5000.

Customer: replied 1 year ago.
I mean i have taken tmobile to small claims court and they have settled with me before we even got to court. I have enough details and evidence that i think will show them that it is better to settle for a low amount than countering for attorney fees. I found the correct forums for civil complaint. Where do i send this form to?
Expert:  Dwayne B. replied 1 year ago.

To the small claims court for your area. You shouldn't have any problem proving the jurisdiction and venue is where you live.