When John and Carol Lehman of Philadelphia returned their cable box to Comcast, they assumed they would no longer be charged for it. Wrong. Over five years, the charges kept piling up, amounting to $600. Comcast finally agreed to return the $600, but only if the Lehmans signed an NDA (NonDisclosure Agreement) with Comcast!
More specifically, the Lehmans were told by a Comcast representative, in a voicemail, that “we will issue a $600 even credit, pending that you sign a non-disclosure agreement.”
The story was first broken by the 6 ABC News Troubleshooters over at WPVI TV in Philly, when the Lehmans contact the Troubleshooters to help them get their refund. Because, in fact, Comcast had refused to refund the overcharges up until that point. Once WPVI TV got involved, Comcast agreed to the refund, but only if the Lehmans signed the below NDA.
“I think they are horrible to their customers,” Carol Lehman told the 6 ABC News Troubleshooters, who subsequently played the Comcast voicemail on air.
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“Dealing with them is like banging your head against the wall – you get nowhere,” added John Lehman.
Here is the full text of the NDA that Comcast said their customers needed to sign before getting their refund. Remember, this was a refund of monies that Comcast had wrongly charged them, for a cable box that had been returned 5 years earlier, and for which the Lehmans had spent 5 years trying to get Comcast to stop charging them.
{Comcast eventually dropped their demand for a signed NDA, and told 6 ABC that “We have apologized to our customers and these issues have since been resolved to their satisfaction. This week, Comcast announced plans to significantly improve the customer experience, and those efforts will go a long way to prevent the experiences these customers went through last year.” Comcast also told Arstechnica that “it will clarify with its employees that NDAs are not to be used in billing issues.”}
Here’s the Comcast NDA:
INDIVIDUAL RELEASE IN FULL OF ALL CLAIMS AND RIGHTS?
1. John Lehman. (“Releasor”) in consideration of the sum of Six Hundred dollars ($600.00), receipt of which is hereby acknowledged for myself, my successors and assigns, of my own free will, voluntarily release and forever discharge COMCAST CABLE COMMUNICATIONS, L.L.C., its subsidiaries, affiliates, their respective parents, officers, employees, agents, successors and assigns, both individually and in their official capacities with Comcast (collectively “Comcast”), of and from any and all actions or causes of actions, suits, claims, charges, complaints, contracts, agreements, promises, attorneys’ fees and costs, whatsoever, in law or equity, which I, my heirs, executors, administrators, successors and assigns, may now have or hereafter can, shall or may have for, upon, or by any reason of any matter, cause or thing whatsoever arising out of: Dispute for equipment charges from 2009-2015.
It is understood and agreed that the payment of said amount is not to be construed as an admission of liability on the part of Comcast, but that said Payment is in compromise and settlement of my claim which is not admitted but is denied and disputed by Comcast; that this release is being given by me voluntarily and not based on any representations or statements of any kind made by Comcast or its representative, as to the merits, legal liability, or value of my claim or any other matter relating thereto.
It is further understood and agreed that this release is intended to cover all actions, causes of action, claims or demands for, upon, or by reason of any damage, loss or injury, known or unknown, which may be traced either directly or indirectly to the matter referred to above, no matter how remotely it may be related to such matter.
It is further understood and agreed that this release is intended to release not only all claims against Comcast but also that portion of any claim against any other person for which such other person may make claims against Comcast for contribution, indemnification, subrogation, or otherwise.
It is further understood and agreed that Releasor (and Releasor’s attorney, if any) will not disclose or allow to be disclosed any of the negotiations regarding this matter, or the terms, conditions, or amounts of settlement, except as may be required by law, provided, however, that Releasor may disclose this settlement to Releasor’s immediate family, attorney and tax return preparer (in which event the restrictions shall apply to Releasor’s immediate family, attorney and tax return preparer).
I HAVE CAREFULLY READ THE FOREGOING RELEASE AND I KNOW AND UNDERSTAND THE CONTENTS THEREOF. I AM SIGNING IT VOLUNTARILY AND AS MY OWN FREE ACT AND DEED.
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