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.

Currently there are 4 comments on this Article:

  1. Gordon R Thompson says:

    Hello,

    Do you know if other states in addition to NY and NJ, specifically
    South Carolina, are filing class action suites against Time Warner?

    Thank you.

  2. This is a private lawsuit, not one done by state governments. It will presumably include all affected customers nationwide if certified a class action case.

    I wouldn’t hold out for a big refund. Visit our home page and mouse-over the modem fee investigation graphic, then click the headline link and you can get plenty of information on how to buy your own modem and stop the fee.

Search This Site:

Contributions:

Recent Comments:

  • Scott: If you're going to keep advertising your services on Stopthecap you should contact Phillip about advertising or a donation to link it, not spamming th...
  • James R Curry: It's a shakedown, but at least it's a shakedown with an unlimited option....
  • BillXperts.com: Hello tacitus, Our team's mission is to help people lower their monthly bills. Therefore we are totally outraged when we see such practices from th...
  • tacitus: This issue has nothing to do with Net Neutrality. T-Mobile isn't creating a fast lane for certain web sites and they don't throttle or cap the data ba...
  • tacitus: If you're going to post your spam here, then the least you could do is tell people how much you charge for your service before they have to visit your...
  • Green8181: Stand up to Comcast and fight to eliminate data caps and 'unlimited usage' fees. Please sign/share our petition: https://petitions.whitehouse.go...
  • Sherry Hammerquist: I have been quite frustrated with my internet service, Exede. I see people on here complaining about 300 gigabyte limits. My gigabyte limit is 10. ...
  • mark: Hi Phillip, How can one organize a protest in Fort Lauderdale, in front of Comcast's offices???? Any ideas? thanks, any suggestions appreciated...
  • DreamOfAlessa: It doesn't matter what's in the T&C. This is a violation of net neutrality. You can't agree to illegal things in T&Cs. I do feel for Lege...
  • betty: I live in Miami, and got the email today too!!! I WORK FROM HOME for the State of Florida, and Comcast is my only option - i live 12 feet too far from...
  • net10 #1 :D: Net10 has unlimited data, it's throttled but at least you don't get over charged for over using your data. Last time I had a bill with gci, it was ove...
  • BillXperts.com: The BillXperts.com team will help anyone who needs us to negotiate with Comcast to lower your bill What sounds totally incredible is how openly Comca...

Your Account: