Do I have a claim against an internet service provider regarding a possible breach in my security?
Question Details: About 6 months ago, I ordered business internet from an ISP. Then, 4 months later, I saw on my account 2 pieces of equipment never issued to me. The company stated that I should have the items and would be held liable. They send out 2 supervisors and a technician and after investigating, they concluded that the missing equipment was given to an unknown party by their contract installer. The supervisor stated that they found evidence of this which the installer left behind (items identifying the missing router in the building communications room). Since the equipment was active and operating on my account, the installer must have also given my password away. This would explain why each time I changed my password, it would revert the next day. Can the company be held liable for breaching my internet account security? What should I do next? They have now said they disconnected the equipment and won't charge me but it still shows up on my account as "status unknown" and I am afraid that all my information whenever I was on line was copied, stolen and that my credit may be compromised in the future.
The company is not liable for:
1) The actions of independent contractors (e.g. "contract installers") who are not actual employees, since those independent contractors are legally their own businesses.
2) Criminal activities by anyone they hire to do a job, whether an employee or independent contractor, since committing crimes is not part of their job duties or why they were hired--the criminal act is outside the bounds or responsibilities of employment.
You could try suing the actual contract installer who did this, but not the ISP.