Brand new CMD31T Cable modem constantly dropping internet connection on Comcast

I have the EXACT same problem! Comcast technician came to the house to check the lines and he confirmed that the CMD31T is defective. He said this model has had hundreds of complaints and there is nothing comcast can do, it's a matter of the modem being defective. Netgear won't take ANY responsibility. I'm done with netgear and I am passing the word on. Netgear needs to own up to their responsibilities to the consumer.