Time Warner Cable’s decision to spend $11 billion to broadcast Los Angeles Lakers and Dodgers games at an estimated cost of $50-60 a year per subscriber is the subject of a class action lawsuit from fed up customers.

The plaintiffs are upset cable subscribers across Southern California will have to cover the cost of the 20-year deal with no option to opt-out of the sports channels because they are bundled into the most popular cable package.

The suit, filed this week in Superior Court alleges at least 60 percent of subscribers have no interest in the sports programming, but will collectively cover $6.6 billion of the deal and never watch a single game.

Time Warner Cable is also accused of forcing AT&T U-verse, Charter Cable, Cox Cable, DirecTV and Verizon FiOS to sign restrictive contracts that compel the companies to include the sports channels on the basic lineup.

Ironically, Time Warner Cable itself regularly complains about the increasing cost of programming and contract terms that force it to bundle expensive sports channels inside the basic tier instead of offering customers optional, added-cost sports programming packages.

Both sports teams are also named as defendants in the suit because they were aware that all subscribers would face rate increases as a result of the deal.

“TWC’s bundling results in Defendants making huge profits, much of which is extracted from unwilling consumers who have no opportunity to delete unwanted telecasts,” the complaint states.

The suit claims there is no legitimate reason Time Warner Cable and the sports teams could not have offered the new networks only to customers that wished to pay for them. The suit wants the bundling of the sports networks stopped and customers given refunds for the higher television bills that resulted.

A California federal judge has rejected a class action case against Comcast for allegedly hiding modem fees as high as $15 a month when signing up new customers.

In 2010, Athanassios Diacakis made several calls to Comcast inquiring about cable service as a new customer. Diacakis claims several Comcast representatives offered a bundle of broadband, television and phone service for $99 a month. When he asked Comcast about any other charges, company representatives eventually admitted there was a $25 installation fee, but never mentioned any modem rental fees.

After Comcast installed service, Diacakis began receiving Comcast bills that included a previously undisclosed monthly modem fee of $10 and an extra “lease charge” of $5 a month associated with his broadband service.

Diacakis alleged in his complaint charging $15 a month for cable modem equipment was “outside and in excess of the specifically quoted bundled service” package he ordered.

As Below Your Means points out, renting a cable modem may be harmful to your wallet.

The plaintiff sought class certification to force Comcast to refund some or all the modem fees charged customers from 2007 to the present. His first effort failed in January 2012 on grounds of insufficient evidence. His amended complaint was rejected May 3 on similar grounds.

United States District Judge Saundra Armstrong ruled Diacakis failed on two separate occasions to produce convincing proof Comcast was actively deceiving customers with undisclosed modem fees.

Judge Armstrong wrote that Diacakis should have come to court with evidence beyond the spoken promises of a handful of Comcast salespeople the plaintiff identified only by their first names. She was swayed by Comcast’s arguments:

As Comcast correctly points out, the only evidence offered by Plaintiff regarding Comcast’s alleged practices consists of his limited personal experience in speaking with “Heather,” “Steve” and another unidentified Comcast representative in August 2010. There is no evidence that Comcast has employed any policy, custom or practice of intentionally failing to inform potential Triple Play subscribers that they will be subject to separate modem fees. To the contrary, the record presented thus far shows that Comcast trains and instructs its employees to inform customers and potential customers about all applicable charges, including those for leased equipment.

[…] As noted, he has made no showing that the representations or omissions during those calls were made pursuant to a standardized script or marketing practice. Indeed, there is no evidence that anyone other than Plaintiff was allegedly misinformed about the modem fees.

Armstrong also faulted Diacakis for not independently locating, scrutinizing, and verifying Comcast’s print or television advertising before he filed a lawsuit seeking to represent every customer paying them:

Comcast argues that Plaintiff is not an adequate representative because there is no evidence that he or anyone else was misled by its marketing and advertisements for the Triple Play package. Plaintiff does not dispute that he lacks such evidence. In addition, Plaintiff admitted during his deposition that he did not review any advertisements before contacting Comcast in August 2010 about bundling his services. Since Plaintiff could not have been harmed by any allegedly misleading advertising, he cannot adequately represent a class member who claims to have been harmed by Comcast’s alleged marketing program.

Cahill

A New York assemblyman is telling his upstate constituents to stop wasting money on Time Warner Cable’s monthly broadband modem equipment fee and buy your own device.

“I want consumers to know that they do not have to waste their hard-earned money on a product which was considered free for years,” said Assemblyman Kevin Cahill (D-Kingston) in a statement to members of his district. “Over the course of a year or two, depending on the model, the purchase of a new modem will pay for itself. Additionally, the models for purchase have more features than leased modems, like faster speeds and the capability to handle unlimited wireless devices.”

Time Warner expects less than three percent of its customers will take Cahill’s advice and avoid the $3.95 monthly fee, which opens a new, lucrative revenue stream for a cable operator that already enjoys up to 95 percent gross margin on its broadband service.

Cahill complained the 1996 U.S. Telecom Act prohibits the state’s Public Service Commission from intervening, but reminded customers there is a joint New York-New Jersey class action lawsuit against the cable operator over how the modem fee was implemented.

As of Jan. 14, Time Warner Cable has approved the following modems-for-purchase that can be activated for use with its broadband service, with our recommendations in red:

Two Cablevision customers in Nassau and Suffolk counties are the lead complainants in a $250 million class action lawsuit filed Tuesday in New York State Supreme Court alleging the cable operator is illegitimately charging customers for service knocked out by Hurricane Sandy.

The suit claims that unlike other cable and phone companies in New York and New Jersey extending automatic service outage credits to impacted customers, Cablevision is only giving credits to customers who self-report outages within 30 days.

Cablevision was the hardest hit cable operator in the region, with its coastal service areas on Long Island, Connecticut, and New Jersey receiving the brunt of storm surges and wind-related damage. At least half of the company’s three million customers were without service after the storm hit Oct. 29. Nearly 80,000 customers are still without power and utilities are signaling some may wait until after Christmas before lights are back on. Some of the most devastated areas are not scheduled for restoration at all because those properties will have to be abandoned or rebuilt.

The plaintiffs claim Cablevision, “only agreed to rebate some of its most favored customers on a discretionary basis and in varying amounts, and only after the customers’ contacted Cablevision for the rebate.” The suit also alleges customers threatening to cancel service are getting the most generous rebates.

The suit suggests Cablevision should have known not to bill or accept money from customers that remain without service. Many Cablevision customers are on the company’s electronic billing and autopay programs, which will continue to deduct money from bank accounts for services customers cannot actually receive.

“The lawsuit misstates the facts and is without merit,” Cablevision said in a statement. “But lawsuits aside, we have an extremely broad and customer friendly credit policy following Sandy. Blanket or arbitrary credits for cable outages could shortchange customers because each case is different and our policy covers the entire period of time when Cablevision service was out, including when the service interruption was caused by the loss of electrical power.”

Cablevision says the amount of damage to its facilities is so extensive, it could impact the next quarter’s financial results. Company officials also admit some of their customers will not be coming back because their homes and businesses no longer exist.

Time Warner Cable’s new $3.95 monthly cable modem fee applies to customers signed up for broadband service, but if you are a Time Warner “digital phone” customer and don’t subscribe to broadband, the fee does not apply even though the same equipment can sometimes be used for either service.

Time Warner Cable claims the new modem fee was needed to cover the cost of repairing and replacing cable modems over time. But New York City customers have been asking why Internet customers have to buy their own modem to avoid the fee while those using the same modem only for telephone service do not.

The New York Times reached out to Time Warner Cable’s director of public relations Justin Venech, who had to acknowledge the logic disconnect between “digital phone” and Internet customers, but could only offer this weak explanation:

“The way we have decided to charge this fee is, we’re charging it for use of the Internet portion of the modem,” Venech explained. “It’s a business decision. It’s a matter of starting to treat this equipment the same way we treat our other equipment.”

That explanation did not seem to fly… with Time Warner Cable’s own customer service representatives.

When Manhattan resident Tom Arana-Wolfe demanded an explanation for the inconsistent fees, the representative put his call on hold to transfer him to a supervisor, but forgot to hit the mute button.

“She was discussing our conversation with a co-worker and said that they have to come up with something better, because ‘He has a valid point,’” Arana-Wolfe said.

Arana-Wolfe is considering starting a class action lawsuit against the cable operator relating to the modem fee, but is also considering switching his service to Verizon FiOS, which charges no modem fees.