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