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 Google is handling the handoff of the Fiber connection with their own branded router for customers to connect up to via Gigabit ports, that's a hug...
  • tacitus: Well, I'm sorry you're going through all that hassle, but you are an extremely rare case if you regularly need to transmit terabytes from home to the ...
  • Sertis: Well, frankly i just want more than the 20mb upstream provided with their Extreme 150 service (I'm currently using). How long does it take me to back...
  • tacitus: No doubting Thomas's (sorry!) sincerity, but what home business needs gigabit internet? And if he really needs that kind of bandwidth for his busi...
  • tacitus: FYI, I live in Austin, and for at least the last few weeks, I've been getting 60/6 service regularly with Maxx. Probably won't stop me from jumping sh...
  • txpatriot: By the way, if 2000 NN complaints is a "storm", what do you call 64,000 telemarketing complaints?...
  • txpatriot: The FCC used to publish a quarterly summary of complaints, but no longer do. They stopped as of the end of the 4Q2014: https://www.fcc.gov/encyclo...
  • BobInPeoria: Once Comcast completed its purchase of NBCUniversal, this type of situation was inevitable. Comcast(the #1 US cableco) now owns 1(NBC) of the Big...
  • JayS: News reporting on MSNBC? Does MSNBC have Any real 'news' programming? Seems to be All personal opinion and analysis type of programming. Are they tr...
  • correct your dumness,woman: you certantly use a name of God to hate people and things what are you not wanted by any man that you are so bitter and hatefull? who can want that ...
  • Steve: My TWC promotional rate ended on July 24... and my monthly rate... TV and internet... went from $141 to $155. I sent two tweets to @TWC_Help (and got ...
  • Marcus Aurelius: I experienced the exact same issue. I was told I was 1900 ft from the existing fiber optic loop, and that it would cost them $10/ft to do the trenchin...

Your Account: