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:

  • feather bed: Quality articles or reviews is the important to attract the viewers to pay a visit the website, that's what this website is providing....
  • Ralph: I absolutely love this comment, “As we’ve said before, the speed tests are the result of self-selected, self-reported samples,” Page said. “People who...
  • onlinehairclinic: Some infectionhs such aas fungal infections of the scalp, an underlying diseaselike diabetes orr lupus, scarring due to wearing pigtails, coornrows o...
  • Dekay: I was one of those unlucky Millenicom customers who just had their plan ($90/month) abruptly terminated. To get the same plan through Verizon would co...
  • Damian: Thank you for this article. I am currently with Comcast and have 50 Mbps internet speeds. I pump out a monthly average of 600 GB of data usage each m...
  • AustinTX: It's almost like Comcast has a crack team to identify anyone who is getting close to exposing them... and then giving them the push they need to go co...
  • James Cieloha: I prefer that the FCC comes with the idea of the most severe stiffest punishment handed down from the FCC being called the euthanization death penalty...
  • BobInIllinois: As a licensed CPA and auditor, this is very shocking, but very believable when one works for a Big CPA firm. I worked at a small firm, so this kind o...
  • Haiyez: I just got off the phone. I have U450 & Max Plus internet. I was paying $140 a month. The promo is over and now it's about $200 a month. Bes...
  • Fred Pilot: When a service provider views its customers as adversaries, an act like this is construed as enemy action, resulting in the blow up reported here....
  • Atreidae: That's if you live in a "class 1" area. I'm still well withn "metro melbourne" yet my exchange only has Telstra ports and their considered regional. S...
  • LoomsinJune: " I told her that I will just go ahead and cancel my service and sign up with Time Warner and she seemed more than happy to do that than offer to drop...

Your Account: