Class Certification Sought in Comcast Customer Fraud Suit

Elizabeth DiNardo, Esq. | Associate Counsel

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Photograph by Bloomberg via Getty Images

On February 3, 2017, two consumers filed a motion for class certification in Florida federal court against telecommunications company, Comcast. In the suit, named plaintiffs, Jon McDougal and David Fiessinger, Jr., allege that charging customers a “leasing fee” for cable box modems that the customers already own unjustly enriches Comcast and violates the Florida Deceptive and Unfair Trade Practices Act.

In the complaint, originally filed in November 2016, the plaintiffs describe Comcast’s leasing fees as “immoral, fraudulent, oppressive, inappropriate and not contemplated by any express or implied agreement between the plaintiffs and defendant.” The motion for class certification states that the class would be wide reaching, including thousands of irate Comcast customers.

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Plaintiffs are seeking at least $5 million in damages, including court costs and attorneys fees. In addition to monetary damages, the plaintiffs will be seeking an injunction to prohibit Comcast from charging the leasing fees, as well as an order that the cable giant launch a corrective advertising campaign to clear up any customer confusion about product pricing.

The case is: McDougal et al. v. Comcast Corp., Case No. 9:16-cv- 81906, U.S. District Court for the Southern District of Florida.

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