Notes from the trenches…Comcast class action proceedings
For those interested in the Comcast late fee litigation here in Oregon, a quick update. After winning the preliminary battle in the trial court and Court of Appeals, we returned to the trial court for discovery on class action certification. (I’m compressing several years into a few lines here.)
Backstory: In the case, plaintiffs–Comcast customers–claim that Comcast illegally billed late fees. They want to pursue the case as a class action and obtain refunds of illegally billed late fees, plus interest and attorney fees. For what it’s worth, Comcast denies that it did anything wrong and is arguing that the case is not appropriate for class action treatment.
The parties briefed the question of whether the court should certify a class action and recently, I appeared in court to argue plaintiffs’ motion to certify the class action. Multnomah County Circuit Court Judge Baldwin heard argument for an hour and a half. He had a number of questions. After the hearing, he sent a letter to the attorneys asking for additional briefing and scheduling further argument. We’ll be back in front of Judge Baldwin for more argument in early December after we complete the next round of briefing.
For those who keep score, Tim Quenelle, my co-counsel, and I filed the case in 2004. The fight over the arbitration clause took two-plus years, and it looks like the class certification proceedings will run about the same length. No one said it would be easy. But of course, we’re not giving up.
David Sugerman
Tags: Comcast, oregon class action, sugerman
February 1st, 2009 at 6:19 pm
I owe comcast for 2 days. I paid through oct 12, 2008. I cancelled service on Oct 14, 2008. The person who took my cancellation order told me I would be billed for 2 days and gave me a confirmation number. Comcast then billed me for almost $17.00 – more than 8 times the correct amount. They obviously do this routinely because most people will pay instead of contest it. I have refused to pay and I have sent registered letters to Comcast and ‘Dispute resolution’. I have filed complaints with the FCC. I have copies of all payers.
February 11th, 2009 at 9:59 pm
I always find out about these neat class action things to late :P
February 12th, 2009 at 7:54 am
Thanks for your comments.
1. Ken-I suggest that you talk to a consumer lawyer in your state to see whether he or she can assist you.
2. Cathy-You’re not too late at all. The court issued an opinion certifying the class action, but we’re just waiting for a bit of clarification and to see whether appeal will be allowed. If you’re an Oregon Comcast cable subscriber who paid late fees and you would like more information please use the contact button to find out how to connect with us.
February 12th, 2009 at 4:11 pm
Awesome, thanks for the email as well. I have used the contact button and sent an email of my own :).
Good Luck Ken :)