Comcast Sub's Lawyer Says Cable-Modem Suit Will Move Forward
Court Rules That Previous Complaint Failed to Provide Enough Specific Information
By Todd Spangler -- Multichannel News, 1/13/2012 5:43:11 PM
An attorney for a disgruntled Comcast subscriber in California -- who is suing the MSO for allegedly not disclosing that he would be charged a cable-modem lease fee -- said the lawsuit would be amended after a court ruled that it failed to include enough specific details.
San Francisco resident Athanassios Diacakis sued Comcast in May 2011, contending that Comcast engaged in unfair and deceptive acts and practices. He claimed the operator quoted him a specific price for a triple-play bundle -- without disclosing that there would be an additional monthly fee.
Currently, All Comcast Xfinity Internet customers are subject to a $7 per month cable-modem lease fee, unless they buy their own compatible cable-modem equipment.
On Monday, Judge Saundra Brown Armstrong of the U.S. District Court for the Northern District of California dismissed many of Diacakis' claims. She found his complaint did not include enough supporting details "to pass muster," because it didn't specify when or where Comcast ads were viewed, what the ads said, or which ones Diacakis relied on to purchase service, according to Courthouse News Service.
Comcast declined to comment on the ruling.
John Kristensen, an attorney at Los Angeles-based Strange & Carpenter, which is representing Diacakis, said in an emailed statement, "We were pleased with the ruling. The court made it clear that our claims are going to go forward after we amend the complaint. The court simply wanted what Comcast specifically told Mr. Diacakis added into the complaint."
According to Kristensen, Diacakis specifically asked Comcast how much certain packages were going to cost him per month and was given a specific rate. "They never told him they would also charge him for the modem on top of the rates they offered," he said.
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