No one said it would be quick or easy, and no one was right on both counts.

We’ve finally gotten an order entered certifying a class action in Martin v. Comcast. It’s an Oregon class action in which the class claims that Comcast illegally charged TV cable service late fees in Oregon.

Here is the link to the order for those who collect such things: Martin v. Comcast Oregon order certifying class action

We filed the case in 2004. We’ve been up and back to the Oregon Court of Appeals. Now that the class is certified, it’s time to push forward.

My thanks and appreciation to my co-counsel Tim Quenelle. I don’t think he quite imagined that any case could go this long when he asked me to take it on with him.

It’s one of those classic nickel-and-dime cases. Each consumer was hit for only a $6.00 late fee.  But those $6.00 late fees add up when you hit hundreds of thousands of consumers over the years.

Under Oregon’s Unlawful Trade Practices Act, the class can recover the money, together with interest and attorney fees. So while it’s been a long slog, my hope is that we will succeed in getting Comcast to cough up the money and return it to consumers who were illegally charged.

For those who are crtical of class actions, I can only pose a simple question. When a large business like Comcast illegally collects small fees, who should keep the money? Should a bad actor retain millions of illegally collected small fees, or should we do our best to make sure that bad actors don’t profit by returning the money to the pockets from which it came?

David Sugerman