– Misti Drew/Tribune-Courier

Mediacom found 'guilty' in local court battle

Local businessman
wins billing
dispute in small
claims court

By Misti Drew
Tribune-Courier News Editor
mdrew@tribunecourier.com

BENTON – When Tom Schultz’ business, S&S Muffler in Benton, went without cable service for 17 days following this year’s ice storm, Schultz said he just assumed his cable company would not be charging him for that period of time.

Frustrated with the extended outage, Schultz turned in his cable box to Mediacom on Feb. 12 and terminated service with the cable television provider.

Schultz said he began to receive bills for the period of time he was without television.

He said he then attempted to dispute the incoming bills and was told on more than one occasion by Mediacom customer service representatives there had been an error, his account balance was zero and he owed nothing.

However, Mediacom continued to send invoices and eventually turned Schultz’ account over to collections.

Concerned over the affect the negative reporting would have on his credit, Schultz said he took matters into his own hands and sued the cable conglomerate.

On July 16, Marshall County District Court Judge Jack Telle heard the case in small claims court. Schultz represented himself in the matter.

In a ruling that took some 90 days to render, Telle outlined a judgement in favor of Schultz against Mediacom.

In the ruling Telle stated, “The court would note that neither party offered into evidence any bill, statement or other document that provided information on the monthly billing amount, billing cycle or itemization of charges and credits to the defendant’s account. The court has relied upon the testimony of the witnesses.”

Telle noted that while Mediacom representative Dale Haney testified his company’s franchise agreement with the county states there is no obligation to local customers to refund or credit accounts for periods when there was not service due to an “act of God or nature,” Mediacom chose to offer customer credits in the wake of the disaster.

“The plaintiff apparently fell victim to the failure of the defendant’s representative to properly record their agreement in the billing system.”

Telle further ruled Mediacom had adopted a “sqeaky wheel” approach to dealing with its customers.

“Not having uniform and consistent policies may on the one hand be fairer to each customer to address their particular situation.

“Alternatively, it increases the likelihood of confusion within the organization and the decision for a particular customer may not be properly processed.”

Telle ruled Mediacom, in dealing with another local business, had breached a “duty of fair dealing and good faith to each other in dealing.”

Schultz was suing Mediacom for $1,500 in damages, stating he feared his credit score had been damaged and reimbursement for having to take time away from his business to litigate the case.

Telle found sufficient evidence through the course of testimony to indicate Schultz’ credit had not been damaged.

Schultz said although the entire amount was not granted, he was awarded $100 in damages and $51.82 in court costs.

When asked if it was worth all the trouble, Schultz replied, “absolutely. It would have been worth it if I had only gotten $1 and a guilty verdict.”