Home » Comcast/Xfinity »Consumer News »Public Policy & Gov't » Currently Reading:

Judge Dismisses Hidden Cable Modem Fee Lawsuit Against Comcast

Phillip Dampier January 13, 2012 Comcast/Xfinity, Consumer News, Public Policy & Gov't 4 Comments

Motorola cable modem

A California federal judge has thrown out most of a class action lawsuit that charged Comcast with marketing broadband service plans without disclosing extra fees for cable modem equipment.

The head plaintiff, Athanassios Diacakis, claimed Comcast sold Triple Play promotions over the phone and in the media without mentioning customers would also have to pay additional fees to lease a cable modem.  Diacakis accused the cable operator of violating California’s tough false-advertising laws by not fully disclosing all fees and surcharges while explaining the promotion.

U.S. District Judge Saundra Brown Armstrong disagreed, however, dismissing most of the plaintiffs claims.  The judge didn’t declare Diacakis’ claims untrue, but ruled they were insufficiently documented to proceed to trial.

“The [amended complaint] fails to specify when or where Comcast advertisements were viewed, the content of those advertisements, or which of them in particular Plaintiff relied upon,” Armstrong wrote.

Diacakis is free to submit an amended complaint if he wishes to proceed with his class action case.

Comcast charges customers $7 a month to lease cable modem equipment, but invites customers to purchase their own cable modems to avoid rental fees.  Many customers do just that, choosing from several dozen approved models Comcast will provision for broadband customers.  The cost to purchase cable modem equipment ranges from $50-125 on average, depending on the cable modem selected.  It takes less than two years for purchased cable modems to effectively pay for themselves at Comcast’s current rental rate.

Search This Site:

Contributions:

Recent Comments:

  • Tammy Nelson: This is crap! Why are the customers always losing and they always win? I pay quite a bit for cable and internet. If you are cutting channels, at le...
  • Mike Colceri: THIS TOTALY SUCKS!!! I LOVE CHILLER , AND NOW YOU'VE GONE AND GOTTEN RID OF IT!!!!😠 BUT MY BILL STAYS THE SAME.....MINUS MY CHILLER!!! WHOEVER IS THE ...
  • BobInIllinois: Jo, FYI on this. YouTube wanted to get this streaming service up fast. The 5 big US cities that you listed all have network tv stations owned and ...
  • Dave Burstein: Phil Good work on this. Nearly no one has reported that the FCC is paying AT&T for an offering they would have anyway....
  • Jo: Chicago, Los Angeles, New York City, Philadelphia & San Francisco Bay Area This is it? it's just like google fiber.. a failure....
  • BobInIllinois: Wouldn't this be bad news for all those small, independent WISPs out there?...
  • Jp Eres: I finally filed a complaint with the Better Business Bureau (New York) as well as the FCC. Magically after months and months of rude customer service...
  • LG: Let me guess.. it comes with a 200Gb bandwidth cap too, right? This month, for the first time, I actually reached my 1 Tb limit with Comcast. It's m...
  • Kerry: This makes four channels that have been removed in the last 60 days. We are still paying the same ....
  • Kerry: Should the F. C. C. step in and stop what seems to be consumer fraud ....
  • Kerry: Very upset with N. B.C. For dropping the chiller channel . I subscribed to tier 1 so I could get all of the channels listed in tier one. It is the...
  • Sam: Hello, I'm Thomas Rutledge CEO Of Charter Cable. My Shareholders in NYC-NJ are on strike. I'm made a whopping $98.5 million dollars. My Union IBEW 3 S...

Your Account: