February 25, 2013 (Armonk, New York) – Wittels Law announces that the firm and its co-counsel, the Roth Law Firm, filed a Consolidated Class Action Complaint against Time Warner Cable in Brooklyn Federal Court.
The class action lawsuit arises out of TWC’s October 2012 decision to begin charging its millions of customers $3.95 per month to “lease” the used cable internet modems already in their homes. Defendant, however, had previously agreed to provide these modems (some now more than 8 years old) at no charge as part of its customers’ subscription to TWC’s cable internet service.
The named Plaintiffs allege that the company wrongfully charge the surprise modem lease fee because many customers (i) already paid for and own their own modems, (ii) have fixed price contracts barring the company from raising its rates (e.g. $29.99 per month for 12 months), and/or (iii) received inadequate notice of TWC’s $3.95 rate hike.
Plaintiffs’ complaint alleges breach of contract, breach of the duty of good faith and fair dealing, and violations of the consumer protection statutes of New York, New Jersey, and California. In addition to damages, Plaintiffs seek a declaratory judgment that Defendant’s new modem fee policy breaches its customer contracts. Plaintiffs also seek an order enjoining TWC from continuing its modem lease fee practices. For more information, or to join this case, contact us.
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