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Question
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Ken
A cable company is offering alarm systems with remote smart phone apps and is contacting our customers directly offering free systems to try to get them to go with them. I believe what this cable company is doing is unethical and possibly tortious interference - but fighting their deep pockets is difficult. What do you think our strategy should be to combat this?
anon
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Answer
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First step would be to contact them and ask them to stop. Then letter. Corresponding to your subs that they are under contract will help minimize attrition.
Whether the cable company is tortiously interfering with your contractual relationship with your subscribers depends on your actual relationship with the subscriber. Without getting into the technical legal nuonces, you need to have a written contract that is still active and enforceable. If your relationship with the subscriber is "at will" you may still have tortious interference but no real damages, so not worth pursuing.
Assuming you do have enforceable contracts the next question is, is the cable company targeting your subscribers? using unfair tactics? making disparaging remarks about you or your services? Or, is the cable company simply mass marketing and not being particulary selective who it signs up for its services. In other words, is it perfectly content taking your subscribers as its customers. Generally, mass marketing is OK and the cable company is not obligated to find out if the subscriber is already under contract. Targeting your accounts and inducing your subscribers to breach their contracts with you is no OK. Keep in mind that you can sue your defaulting subscribers before taking any action against the cable company.
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Happy healthy and prosperous new year to everyone.
And thanks for keeping us safe.
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