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Charter Guilty of Sending “Untrue and Improper” Letters Inferring Windstream’s Days Were Numbered

Phillip Dampier June 13, 2019 Charter Spectrum, Competition, Consumer News, Public Policy & Gov't, Windstream 1 Comment

The federal judge handling Windstream’s Chapter 11 bankruptcy reorganization has found Charter Communications culpable for mailing “untrue and improper” advertisements to Windstream customers implying the company was going out of business and abandoning its customers.

Bankruptcy Court Judge Robert Drain ruled in favor of a preliminary injunction forbidding Charter from sending any further letters of this type and requiring Charter to pay Windstream to mail clarification letters to all Windstream customers who received the false advertisements from Spectrum.

Judge Drain also ruled:

  • Charter must pay all costs to restore Windstream service for former customers who switched to Spectrum based on their understanding that Windstream was discontinuing service.
  • Charter may not imply Windstream is going out of business in any future solicitations, or suggest that its current financial difficulties will have any negative impact on service.
  • Charter is forbidden from using advertising messages including “Goodbye, Windstream, Hello Spectrum,” or “Windstream Customer, Don’t Risk Losing your TV and Internet Service” in either direct mail or door-to-door marketing campaigns.

Windstream complained to the bankruptcy court about Charter’s mailings, which it claimed were designed to mislead customers into thinking Windstream’s days were numbered.

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Windstream is barely alive as is. Besides. I would be switching to Charter Spectrum if Windstream was declaring bankruptcy and trying to reorganize anyways. Not even to mention that Spectrum offering 200mbps standard service over Windstream paltry DSL offerings is way better. This court case just sounds like Windstream trying to make money off of Charter for no reason whatsoever. They do need it after all.

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