Yesterday, Judge Richard Baldwin ruled that Comcast Oregon’s cable TV subscribers may seek statutory damages in their pending class action. Here is a pdf copy of the trial court’s opinion: Judge Baldwin Order & Opinion re amended class cert order.  The upshot is that subscribers included in the late fee class action can seek $200, if they can prove that Comcast knowingly or recklessly violated Oregon’s late fee billing requirements.

As with other rulings in the case, it’s important to keep this in context. Judge Baldwin ruled only that the class can make the claim for statutory damages of $200 per class member. He did not rule on the merits. It will be up to a jury to decide whether Comcast knowingly or recklessly violated Oregon law.

Still, it’s great progress on the case. Of course, it raises the stakes substantially, so I imagine this means that Comcast will continue the long fight in this case that was first filed in 2004. For the present, Tim Quenelle and I are simply pushing ahead on case preparation and looking forward to our day in court.

David Sugerman

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

Today’s news brings this report on Comcast Oregon’s rate hike.  Kind of interesting that Comcast is raising cable rates amidst the economic meltdown that is now slamming Oregon.

At the same time, Comcast is facing a class action in Oregon over claims that it has illegally billed late fees to Oregon Comcast cable subscribers. Full disclosure: I am counsel for the class.

The most recent development in the Comcast Oregon late fee litigation is that Multnomah County Circuit Court Judge Baldwin indicated that he will certify a class. The parties are arguing about the form of the order, which is mostly an argument over the scope and size of the class. The parties are also arguing over whether the trial court should allow Comcast to seek another appeal.

The parties are scheduled for another hearing before Judge Baldwin on Friday, Feb. 27.  I imagine that sometime after the hearing, Judge Baldwin will sign an order that makes it all official, and we’ll know more about what the future holds on the Oregon illegal late fee case.

David Sugerman

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

Complaints about their customer service are almost legendary. But Comcast seems to be responsive when someone is blogging about them. Full disclosure: I represent consumers suing Comcast Oregon over what we claim are illegally charged cable late fees. So I’ve probably got a bone or two to pick.

It’s a bit sobering to see the revelation of corporate web pr strategies. I guess it’s a reminder that the guy or gal who comments on the blog can be doing so on the job. Same is true of the legions of pretenders out in the whacky web world.  Still, you have to wonder whether Comcast could be devoting resources to complying with billing laws or providing direct customer service.

David Sugerman

Let’s compare notes. In Oregon and Southwest Washington, Comcast cable subscribers seek refunds of what they claim are illegally charged late fees. By way of full disclosure, I am lead counsel in a pending consumer case that seeks refunds and damages for consumers who paid late fees. In the case, Martin v. Comcast, consumers claim that Comcast violated Oregon law when it levied late fees.

Comes today’s report on Comcast’s executives compensation. It seems that the CEO has had a bad year. His pay for the year exceeds $20 million. The article notes that Comcast shareholders are a bit outraged because the stock apparently hasn’t been doing too well of late. Add to that the bajillions of complaints about Comcast service and other shenanigans, and it’s easy to wonder how the CEO cashes in so big in these lean, tough times.

There is, I suppose, a silver lining for Oregon and Southwest Washington consumers. If Comcast can afford to pay $20 million per year to its CEO in a bad year, it can surely afford to refund any monies that a court concludes were inappropriately collected here. So the good news is that if consumers win on their claims, I can’t imagine that there will be much in the way of sympathy if Comcast pleads poverty when the day of reckoning comes.

David Sugerman

Goodness, what with all the Western Culinary Institute back and forth, I’ve missed a favorite sleeper story about Comcast. Last week, metropolitan Multnomah County’s Mt. Hood Cable Commission announced that it was fining Comcast $43,899 for failing to notify Oregon subscribers about changes in their cable service.

Here’s the link to the press release: http://www.mhcrc.org/docs/PressRelease30dayViolation.pdf

Comcast has roughly 150,000 subscribers in Multnomah County. In October 2007, Comcast unilaterally moved five popular basic cable channels to a more expensive digital tier. You want to continue MSNBC? You get to pay at least a dollar more per month. According to the Cable Commission, Comcast made the changes without giving 30-days notice to subscribers. Subscribers apparently received notice 10 to 20 days late.

Full disclosure: the author represents consumers in a case against Comcast over what the consumers claim were illegally charged late fees. One of the allegations in the case is that Comcast failed to provide timely notice before levying late fees.

Interestingly, the Cable Commission prefers that Comcast provide a credit to affected subscribers. But in the alternative, Comcast can pay the fine of $43,899 to the Cable Commission.

Should be interesting to see what happens next on this one.

David F. Sugerman