Only former TWC Maxx customers in Southern California qualify for bill credits.

If you were a Time Warner Cable internet customer in California, Charter Communications may refund you up to $180 if the company did not deliver the internet speed it advertised.

Charter has settled the lawsuit filed by the district attorneys of Los Angeles, San Diego, and Riverside that alleged Time Warner Cable knowingly sold customers internet speed it could not deliver. Charter will pay $16.9 million, most of which will be returned to affected customers in the form of a bill credit.

“This historic settlement serves as a warning to all companies in California that deceptive practices are bad for consumers and bad for business,” said Los Angeles County District Attorney Jackie Lacey. “We as prosecutors demand that all service providers — large and small — live up to their claims and fairly market their products.”

There are three tiers of relief for impacted customers:

• Customers subscribed to Time Warner Cable Maxx internet service in the past will be offered one of two free services. Cable TV and internet customers will receive three free months of Showtime (current subscribers excluded). Internet-only customers will receive one free month of Spectrum Choice, a slimmed down streaming TV package (current subscribers excluded). Both services will automatically be disconnected at the end of the free service period, protecting customers from future billing unless they subsequently subscribe.
• Internet customers subscribed to a premium Time Warner Cable Maxx speed tier will receive a one time credit of $90.
• If the customer was also supplied a legacy cable modem unable to support the subscribed premium internet speed tier, the subscriber will receive a one time credit of $180.

Charter Communications will automatically notify impacted subscribers and apply service credits within the next 60 days, but you will have to call Spectrum to activate the Showtime or Spectrum Choice offers.

The settlement also sets aside a payment to the plaintiffs of $1.9 million, to be split evenly between the three cities.

The lawsuit and corresponding settlement are similar to the 2017 internet speed case filed against Time Warner Cable by the New York Attorney General’s office. New York and Los Angeles were among the first cities upgraded to Time Warner Cable Maxx service, which raised internet speed for customers up to 300 Mbps. In New York, the lawsuit alleged Time Warner Cable knowingly advertised higher internet speed its network could not always support because of congestion and antiquated cable equipment and modems.

A $174.2 million consumer fraud settlement has been reached between outgoing New York Attorney General Barbara D. Underwood and Charter Communications, delivering $62.5 million in direct refunds to some customers in former Time Warner Cable Maxx territories in New York State and free premium and streaming services for all current New York customers.

The settlement, likely the largest ever reached with an Internet Service Provider (ISP), comes in response to a 2017 lawsuit filed by former Attorney General Eric Schneiderman, accusing Time Warner Cable of short-changing customers on broadband speed and reliability, by knowingly advertising internet speeds it could not deliver. Time Warner Cable was acquired by Charter Communications in 2016.

“This settlement should serve as a wakeup call to any company serving New York consumers: fulfill your promises, or pay the price,” said Underwood. “Not only is this the largest-ever consumer payout by an internet service provider, returning tens of millions of dollars to New Yorkers who were ripped off and providing additional streaming and premium channels as restitution – but it also sets a new standard for how internet providers should fairly market their services.”

The settlement allows Charter to admit no wrongdoing, but the company is required to compensate Spectrum customers in New York and reform its marketing practices. Going forward, Spectrum must offer evidence through regular speed testing that the company can actually deliver advertised speeds. Charter is also required to continue network investments in New York to improve its internet service.

Lawsuit History

Schneiderman

In 2017, the Attorney General’s office filed a detailed complaint in New York State Supreme Court, alleging that Charter had failed to deliver the internet speed or reliability it had promised subscribers in several respects. That includes leasing deficient modems and wireless routers to subscribers – equipment that did not deliver the internet speeds they had paid for; aggressively marketing, and charging more for, headline download speeds of 100, 200, and 300 Mbps while failing to maintain enough network capacity to reliably deliver those speeds to subscribers; guaranteeing that subscribers would enjoy seamless access to their chosen internet content while engaging in hardball tactics with Netflix and other popular third-party content providers that, at various times, ensured that subscribers would suffer through frozen screens, extended buffering, and reduced picture quality; and representing internet speeds as equally available, whether connecting over a wired or Wi-Fi connection – even though, in real-world use, internet speeds are routinely slower via Wi-Fi connection.

The Attorney General’s office prevailed at every major stage of the court proceedings. After Charter sought to move the case to federal court, the Attorney General’s office won a federal court decision returning it to state court. Charter then moved to dismiss the action on various grounds, including federal preemption; the Attorney General’s office successfully opposed that motion, which the trial court denied in full. When Charter appealed parts of that ruling, the Attorney General’s office prevailed again at the Appellate Division.

Underwood

The Settlement

Under the settlement, New Yorkers will be qualified to receive different levels of compensation as a result of the settlement. Here is what customers can expect:

Only current Charter Spectrum internet customers (including those on legacy Time Warner Cable internet plans) can receive benefits under this settlement. If you do not have service today, but had it in the past, you do not qualify for relief.

Cash Refunds

Only customers living in areas upgraded to Time Warner Cable Maxx service can receive cash compensation. At the time of the lawsuit, this included much of New York City area, the Hudson Valley, parts of the Capital Region, and Syracuse-Central New York. Additionally, the customer must have subscribed to a Time Warner Cable legacy speed plan of 100 Mbps or higher. (Customers in non-Maxx areas including Buffalo/WNY, Rochester-Finger Lakes Region, Binghamton, and the North Country will not receive financial compensation.)

If you did subscribe to 100+ Mbps Time Warner Cable service and still subscribe to either your original legacy plan or have since upgraded to a Spectrum plan, you may qualify for:

• a $75 refund (700,000 subscribers) if you were supplied an inadequate cable modem or Wi-Fi router by Time Warner Cable.
• an additional $75 refund (150,000 subscribers) if you were leasing an inadequate cable modem for 24 months or longer.

You do not need to take any action to get these refunds. Charter Spectrum will notify eligible subscribers about the settlement and provide refunds within 120 days. (If you previously received a refund for being supplied with an inadequate modem, you are ineligible for this cash refund).

Free Services

Only former TWC Maxx customers qualify for cash refunds.

In addition to the direct refunds detailed above, Charter will offer free streaming services to approximately 2.2 million active internet subscribers (both Spectrum and legacy Time Warner Cable plans qualify):

If you currently subscribe to both Spectrum Internet and TV service, you qualify for three free months of HBO or six free months of Showtime. (If you already subscribe to these premium movie channels, you are ineligible for this part of the settlement. If you subscribe to one, but not both of these networks, select the one you do not currently receive.)

If you currently subscribe to internet-only service from Spectrum, you will receive a free month of Charter’s Spectrum TV Choice streaming service—in which subscribers can access broadcast television and a choice of 10 pay TV networks—as well as a free month of Showtime.

Charter will notify subscribers of their eligibility for video and streaming services and provide details for accessing them within 120 days of the settlement. Receiving the video and streaming services as restitution will not affect eligibility for future promotional pricing.

Pro-Consumer Reform

New York also secured groundbreaking reforms in how Charter Spectrum conducts business. Underwood believes these guidelines could serve as a guide for other states to eventually adopt, delivering consumer benefits to cable subscribers everywhere. For now, New York consumers can expect:

• Internet Speed Proof of Performance: Charter must describe internet speeds as “wired,” disclose wireless speeds may vary, and mention that the number of concurrent users and device limitations will impact your actual internet speed. These disclosures must be made in all marketing materials and ad campaigns. Additionally, Spectrum must regularly certify through actual speed testing that it can deliver the speeds it advertises or discontinue any speed plan that cannot be substantiated.
• Truth in Advertising: Charter Spectrum cannot make unsubstantiated claims about the speed required for different internet activities (eg. streaming, gaming, browsing). It also must not advertise internet service as reliable (eg. no buffering, no slowdowns), or guarantee Wi-Fi speed without proof.
• Equipment Reforms: Charter must provide subscribers with equipment capable of delivering the advertised speed under typical network conditions when they commence service, promptly offer to ship or install free replacements to all subscribers with inadequate equipment via at least three different contact methods, and implement rules to prevent subscribers from initiating or upgrading service without proper equipment for the chosen speed tiers.
• Sales and Customer Service Retraining: Charter must train customer service representations and other employees to inform subscribers about the factors that affect internet speeds. Charter must also maintain a video on its website to educate subscribers about various factors limiting internet speeds over Wi-Fi.

Today’s settlement has no bearing on the well-publicized dispute between the New York Public Service Commission and Charter that led the Commission to cancel approval of Charter’s acquisition of Time Warner Cable. Last summer, the Commission voted to throw Spectrum out of the state, but ongoing negotiations between the PSC and Charter are also likely to culminate in a similar settlement including cash fines and new commitments from the cable operator.

Charter Communications today launched gigabit broadband upgrades across dozens of U.S. cities, including almost all of upstate New York (excluding Buffalo) and large parts of Texas, Ohio, California, and Virginia.

With the latest upgrades, customers in these cities are also getting speed bumps for Spectrum’s Internet Ultra package, which will now offer speeds of 400/20 Mbps. Customers can visit Spectrum.com to review their local speed options. Upgrades to the Ultra tier usually carry no service charges, but moving to gigabit speed will come at a cost — a mandatory $199 installation fee, with a service call required.

Some customers may need to swap out or replace their existing cable modems to take full advantage of 400+ Mbps speeds. A list of modems authorized for use on Spectrum’s network along with the speeds they support can be found here.

In other cities where Charter has already launched gigabit service, customers with Standard 100 Mbps internet plans also received a free upgrade to 200/10 Mbps, but readers report that speed upgrade has not yet taken place in areas launching gigabit service today:

• Arizona: Yuma
• California: Los Angeles, Palm Springs, San Diego, El Centro
• Kentucky: Louisville, Bowling Green, and Paducah
• Massachusetts: Boston (Suburbs)
• Nebraska: Lincoln, Omaha
• New York: Binghamton, Albany, Syracuse, Rochester, Elmira/Corning, Utica, and Watertown
• North Carolina: Greensboro, Wilmington, and Greenville
• Ohio: Dayton, Cincinnati, Youngstown, Lima
• Pennsylvania: Wilkes-Barre and Pittsburgh
• Tennessee: Tri-Cities, Chattanooga, and Knoxville
• Texas: Dallas/Fort Worth, Waco, El Paso, Beaumont/Port Arthur, and Wichita Falls
• Virginia: Roanoke/Lynchburg, Norfolk (Suburbs) and Tri-Cities
• Wisconsin: Milwaukee, Green Bay/Appleton

For most customers, here is Spectrum’s current broadband pricing (new customer promotions may offer significantly lower rates and bundled pricing may differ):

• $64.99 Spectrum Internet Standard 100/10 Mbps (will eventually be upgraded to 200/10 Mbps)
• $54.99 Spectrum Internet Standard 100/10 Mbps with Spectrum TV (will eventually be upgraded to 200/10 Mbps)

• $89.99 Spectrum Internet Ultra (400/20 Mbps)
• $79.99 Spectrum Internet Ultra (400/20 Mbps)

• $124.99 Spectrum Internet Gig (940/35 Mbps)
• $114.99 Spectrum Internet Gig (940/35 Mbps) with Spectrum TV

Milan Gohil’s customer retention promotion with Time Warner Cable was coming to an end. Following in the footsteps of what tens of thousands of other Time Warner Cable customers have done for the last several years – it was time to call and request another deal.

Unfortunately for Gohil, this year the phone was answered by Charter/Spectrum and not a customer retention specialist at Time Warner Cable. That will be increasingly true for all Time Warner Cable customers as Charter continues its gradual transition towards a Spectrum rebrand across the country. That transition for Bright House customers appears to have been already completed. As a consequence, Time Warner Cable and Bright House offers will be replaced with a “simplified” menu of options from Charter.

For Gohil, a Time Warner Cable Maxx customer, those choices didn’t amount to anything except a speed downgrade and a broken promise.

“I had 200Mbps for $60 a month through Time Warner Cable, but the plan was set to expire in a few days,” Gohil explained. “I spoke to a customer service representative and was told I could upgrade to 300Mbps service for $68 a month, including taxes.”

Believing a good deal was in hand, Gohil readily agreed and while waiting on the phone, the representative activated the new promotion. There was only one problem: Milan ended up with Charter’s default internet plan in Time Warner Cable Maxx service areas converted to Spectrum service – 100Mbps.

“I spoke to a Spectrum tech support agent and was told my account was downgraded and that my TWC legacy pricing was no longer available,” Gohil told Stop the Cap! Trying to get his old 200Mbps Maxx speed plan back at any price proved fruitless.

“I was then put in touch with a Spectrum ‘Customer Solutions’ representative and pleaded with them to reinstate my original TWC legacy plan,” Gohil said. “I was told this was not an option and that if I wanted their Ultra 300 (closest option), there would be a $200 activation fee!”

After an hour of negotiation, Spectrum had won the first battle, leaving a dissatisfied customer behind.

“I had 200Mbps just two hours ago and now have only have half of that. I am EXTREMELY disappointed,” Gohil shared. “I would never have agreed to a drastic reduction in speed to save a few bucks.”

Gohil regrets ever calling Spectrum, and is livid customer service could not restore a plan other Time Warner Cable Maxx customers still have and can keep for the next several years, all because a Spectrum call center agent misrepresented a promotion.

Despite’s Charter’s promises to consumers and regulators that their way of doing business would result in better service at a better price for Time Warner Cable and Bright House customers, many of those converted to Spectrum have told us they’d rather have Time Warner Cable and Bright House back, because more options were available and they were at least open to negotiation.

Finding a supervisor at a problem resolution center proved difficult at first. Time Warner Cable’s executive customer service department, formerly reachable at (212) 364-8300 has been taken over by Spectrum and disconnected. Calls are now being taken by 1-800-892-4357, and that is where we referred Gohil, which turned out to be at least some help.

“After an hour on the line with Spectrum/TWC billing and retention, I was able to get 300Mbps for $80 per month for one year,” said Gohil, but there was a catch. “I was informed that it will go up to $100 in 2018.”

But Spectrum has another nasty surprise in store for customers like Gohil looking for speed upgrades: a $200 activation fee.

Spectrum minimizes the chance customers will encounter this fee by marketing only one internet speed tier to most customers: 60Mbps for most Bright House and non-Maxx Time Warner Cable customers and 100Mbps for those Time Warner customers lucky enough to see Maxx upgrades completed before the cable company was acquired by Charter. Most customer service agents are trained to sell this single internet plan, and we’ve found several not trained to offer customers anything else.

When existing Time Warner Cable or Bright House customers are first converted to a Spectrum plan, the $200 activation fee does not apply. But once a Spectrum customer, any attempt to further upgrade broadband service usually results in a $200 fee. Some customers have managed to negotiate their way out of the fee, but it takes some effort and faith the representative isn’t telling you a tall tale to get you upgraded and off the phone.

“After negotiating with the retention specialist, she implemented the 300Mbps service for me,” Gohil reports. “It was implied that the ridiculous $200 ‘activation fee’ would be waived. However, I wouldn’t be surprised if [it] appears on next month’s bill. I’ll cross that bridge when I get to it.”

For Gohil, cable mergers have never lived up to their promised “consumer benefits” and he’s worried about what is coming next.

“With Trump taking office, it’s certain that broadband consumers are going to continue to be exploited by the telecom duopoly,” writes Gohil. “As a cord cutter and Net Neutrality proponent, I am deeply concerned about the future of America’s broadband landscape.”

Here are some tips from Stop the Cap! for Time Warner Cable and Bright House customers to consider before changing your account.

Time Warner Cable legacy offers in an area not yet switched to Charter Spectrum plans look like this.

If your local area is still being served by Time Warner Cable and their old service plans are still being advertised:

1. If you are on a new customer promotion, have a rebate offer, or a discount you negotiated to remain a customer, Charter will honor the deal until it expires. However, once your offer or the submission deadline for a rebate has been reached, you will probably not be able to negotiate an extension or new offer. Your rates will either gradually or immediately reset to regular pricing and your rebate will be lost.
2. Time Warner Cable seems to have ended most of their customer retention deals under the Time Warner Cable brand, but they are still offering new customer promotional offers. If you are an existing customer facing a rate reset, you can cancel service under your name and sign up with a new customer promotion under the name of another member of your household before the Spectrum plans arrive in your area. This is the only certain method remaining to get a discount off existing Time Warner Cable plans and will generally last one year.
3. You can continue to select any Time Warner Cable legacy service plan advertised on the website, and as long as the transition to Spectrum has not yet happened in your area, you can safely change between those plans. You can also continue an existing plan indefinitely, but you will pay dearly for doing so — eventually forced to pay regular Time Warner Cable pricing which is generally higher than what Charter’s Spectrum plans will cost.

Bright House customers have already been introduced to Charter Spectrum plans.

If you are a Bright House customer (you have already been introduced to Charter Spectrum plans):

1. If you are on a new customer promotion from Bright House or a discount you negotiated to remain a customer, Charter will honor the deal until it expires. However, because your area has now switched exclusively to Charter/Spectrum branding, your current plan has been grandfathered and you cannot change it without losing it and switching to a Spectrum plan.
2. Any “promotion” Charter offers you will be based on a Spectrum plan. You will lose your existing Bright House plan permanently if you accept the offer.
3. Spectrum’s broadband offer will likely default to 60Mbps, which may be a reasonably good deal if you subscribed to a lower speed tier through Bright House itself. Faster speeds may be available but you will need to call to be certain. There is a significant price jump of about $40 a month to upgrade to 100Mbps at regular Charter Spectrum prices. Ask about discounts and if one is available you may want to upgrade immediately. If you decide to upgrade later, you are likely to encounter a $200 upgrade fee.
4. In general, Charter’s offer for Bright House customers will prove initially cheaper than what Bright House offered before at its regular prices. But most Spectrum plans will increase in price after your first and second anniversary unless Charter changes its rate structure. Charter has also strongly discouraged representatives from renewing promotions for existing customers as they expire, so negotiating a better deal is going to be more difficult than before.

When your area has been fully converted to Charter Spectrum, the available plans will look something like this.

If you are a Time Warner Cable Maxx customer now served by Charter/Spectrum (the only plans on the website are branded Spectrum):

1. If you are on a new customer promotion from Time Warner Cable, have a rebate offer from TWC in progress, or a discount you negotiated with TWC to remain a customer, Charter will honor the deal until it expires. However, because your area has now switched exclusively to Charter/Spectrum branding, Charter has a demonstrated history of not honoring requests to renew customer promotions, will not honor rebate requests that have not been already fulfilled by TWC and will not be much help if you have to intervene about a missing rebate.
2. You cannot change your Time Warner Cable Maxx plan features. Once an area has been converted to Spectrum, TWC Maxx plans are grandfathered as-is. If you want to change your plan, you will be offered a Spectrum plan instead. Any “promotion” Charter offers existing Maxx customers will also be based on a Spectrum plan. You will lose your Time Warner Cable Maxx plan permanently if you accept their offer.
3. Choose wisely if you are thinking of moving from Maxx to a Spectrum broadband plan. Spectrum will usually enroll you in their traditional 100Mbps plan by default. If you already have 200 or 300Mbps service, you may see a significant price change switching to Spectrum unless you can negotiate a discount. If you decide to upgrade your speed later, you will also face Charter’s $200 upgrade fee. There are some promotions available that can get 300Mbps service down to about $80/mo for a year, but it will increase to $100/mo the following year. Some customers have successfully negotiated the $200 fee off their bill, but make sure you ask for the name of any representative offering to waive the fee and keep that information handy if the fee shows up anyway.
4. Customer promotions are available for existing customers, but you will have to negotiate and you can expect them to be less generous than what Time Warner Cable offered in the past. Also, Charter has strongly discouraged representatives from renewing promotions as they expire. Charter management is on record stating they feel Time Warner Cable’s tradition of extending ongoing discounts were bad for business.

If you are in a Time Warner Cable area never upgraded to Maxx service -and- you are now served by Charter/Spectrum (the only plans on offer are branded Spectrum):

1. If you are on a new customer promotion from Time Warner Cable, have a rebate offer from TWC in progress, or a discount you negotiated with TWC to remain a customer, Charter will honor the deal until it expires. However, because your area has now switched exclusively to Charter/Spectrum branding, Charter has a demonstrated history of not honoring requests to renew existing customer promotions, will not honor rebate requests that have not been already fulfilled by TWC and won’t be much help if you have to intervene about a missing rebate.
2. You cannot change your current Time Warner Cable plan without switching to an available Spectrum plan.
3. Any “promotion” Charter offers you will be based on a Spectrum plan. You will lose your existing Time Warner Cable plan permanently if you accept the offer.
4. For most customers currently subscribed to a broadband plan up to 30Mbps, Spectrum’s broadband offer will likely be an upgrade worth considering, especially if you are still paying a modem rental fee. Spectrum will widely market just one speed in your area – 60Mbps, and that is the default plan you will get. Because Time Warner Cable already overprovisions their 50/5Mbps Ultimate tier to speeds that approach 60Mbps, Spectrum’s offer will probably be cheaper, but it won’t be faster. Your area will probably also have 100Mbps service available as an alternative, but it won’t be widely advertised. It’s not cheap, adding another $40 a month to your bill. If you think you may want that speed, ask about any discount promotions and sign up at the same time you abandon your Time Warner Cable plan to avoid paying a $200 upgrade fee later on.
5. In general, Charter’s offer for Time Warner Cable customers never upgraded to Maxx will prove initially cheaper than Time Warner Cable’s regular prices. But the rates might not be cheaper if you negotiated a lower bill from Time Warner during the last year. Many Spectrum promotions initially offered are comparable to new customer deals and you can expect rates to increase on your first and second anniversary with Charter, with regular prices returning by the third year. Charter has strongly discouraged representatives from renewing promotions for existing customers as they expire. Charter management is on record stating they feel Time Warner Cable’s practice of offering ongoing discounts were bad for business.

Although existing Time Warner Cable Maxx customers will be able to keep their broadband speed upgrades up to 300Mbps, new customers and those switching to a Charter Spectrum plan will find Spectrum’s advertised broadband options reduced to just one: 100Mbps in TWC Maxx cities like New York and 60Mbps in territories never upgraded to Maxx service.

Charter Spectrum has soft launched their new plans in the New York City market and will begin heavily promoting them later this month. But customers will find their choices dramatically limited, except for television service.

Spectrum is marketing just three triple play plans on its revamped website in the NYC area, varying only with respect to the number of channels included in the TV package:

When we selected internet-only service, we were presented with only one option in New York City: 100Mbps

TWC plans are no longer promoted in areas offered Charter Spectrum service.

At least the modem rental is included in the promotional price, which incidentally rises in the second and third year until it reaches $60 for 60Mbps service, and $100 for 100Mbps service, assuming your promotion has expired.

The promotional prices are not too bad if you are a devotee of cable television, and the broadband price is affordable as well, at least for the first year. After the first 12 months, prices rise and company officials have already warned they will be far more stingy about offering customers repeat retention pricing than Time Warner Cable was.

Charter has announced it will continue to roll out Spectrum packages across the Time Warner Cable and Bright House service areas until the conversion is complete early next year. New York City and Florida are the next targeted markets, but it is clear Charter has already begun offering Spectrum plans instead of continuing to market Time Warner Cable plans that customers can still buy upstate.

Customers will be able to keep their existing Time Warner Cable plans, but any promotional pricing deals will not likely be renewed when they expire, causing your Time Warner Cable bill to spike dramatically in some cases.

We are unsure if existing TWC Maxx customers will be forced to give up their 300Mbps TWC Maxx plan if they switch to a Spectrum plan. There may be several non-publicized plans for these customers. Time will tell.

Editor’s Note: These prices/packages were obtained from timewarnercable.com using a residential street address on W 72nd St, New York, NY, 10023