What is my recourse if I was misled by my ISP and now my business is suffering as a result?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is my recourse if I was misled by my ISP and now my business is suffering as a result?

I received confirmation from Comcast prior to my lease of office space that high speed internet was available. This was crucial to the success of my business as I run a co-working space with multiple people using wi-fi simultaneously. He said he checked the address and I was good to go, so I signed a lease. Well upon installation, there now needs to be construction at the site my business is open and I cannot get the service I need to be effective in soliciting my services to the public. The installation completion date has now been set out to 3 months past the original install date. Do I have any recourse?

Asked on February 25, 2017 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on what you mean by "there now needs to be construction at the site" which has pushed back installation.
1) IF the construction is work that has to be done by the cable company and they were, or reasonably should have been aware, of it at the time they represented the high-speed would be available, then this may be fraud (lying to you about a material or important fact) and you may be entitled to compensation.
2) But on the other hand, if--
a) It is construction that has to be done by the cable company, but it is unexpected and they had no reason to think it had to be done--e.g. in trying to connect your service, they discovered some significant problems in the infrastructure, wiring, etc. requiring more work--that is not fraud: they did not lie, because what they told you was what they legitimately thought was the truth when they told you. After-discovered problems are not fraud. You would not be entitled to compensation other than, if you have already started paying for the service, a credit, etc. for the time it has not been available.
b) If the construction is no under the cable company's control--e.g. your landlord or the city is doing work to the building or the utilities outside--the cable company is not liable for the acts of third parties and you cannot sue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption