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Negligence leading to mental abuse follow by related health…

Negligence leading to mental...

Negligence leading to mental abuse follow by related health issues.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

South Carolina

Lawyer's Assistant: Has anything been filed or reported?

Concerning Spectrum filed report with FCC

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Neglect occurred over a two year period

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Answered in 1 hour by:
10/23/2017
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 126,938
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question about?

You say this is negligence, but you mention a cable company, is it a result of them breaching your contract for service?

Please explain the situation.

Ask Your Own Personal Injury Law Question
Customer reply replied 10 months ago
Description:Spectrum claimed I was using their modem for over two years .Finally I contacted local Spectrum office and had their technician come to my house see his conclusion below ;
On the above date and time I, Sean Lubguban tech #03300, arrived at***** Myrtle Beach SC, 29575. I arrived at or around 1305 in response to a trouble call about customer 's modem. The customer was being charged a fee of 10.00$ for a personally owned modem. I was shown that the customer had been charged the fee as of 16-AUG-2017. I called Spectrum technical support and was informed that the customer was indeed charged a fee on the previous stated date. However, I was also informed that the error was corrected as of 30-AUG-2017. Tech support was unable to tell me how many times the customer had been charged prior to error correction.
Later Spectrum send and letter that they are going to cut my service next Spectrum had a collection company tring to collect.
I sent numerous emails and phone calls always getting transfered around I file a complaint with FCC .Finally Spectrum still claimed I had their modem , send another technician to my home.
Customer reply replied 10 months ago
He had that I was being billed incorrectly
This back and forth lasted 2 or 3 months
then send a letter and adjusted by account.Seems Spectrum hoped I would give up a approach that they administer to all clients.This action by Spectrum caused me mental anguish for a 71 year old Doctor is checking me for a mini stroke plus psychiatric follow up.

Thank you for your reply.

I am sorry to inform you, please do not kill the messenger, that pursuant to SC law, you cannot seek emotional distress on property reimbursement or breach of contract claims, even if they may have been caused by negligence of Spectrum. The SC law is pretty clear on this issue that no emotional harm damages can be awarded by a court in a case where it was a purely monetary loss and/or breach of contract claim, which is what you are describing.

You DO have rights to sue for recovery of ALL money they charged you for the last several years if they have been charging you for your modem all this time when they should not have been charging you, but legally even though you spent time and were upset and did find the whole experience overly emotional, the SC laws do not allow you to seek emotional damages, only reimbursement of the money they charged you that they should not have charged you.

You need to use a local consumer attorney in your area to represent you and seek reimbursement of the money it has cost you that you did not have to pay. That is the limitations of their liability I am afraid.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 126,938
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
Verified
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