Comcast Set-Top Box Rental Fees Class Action Settlement

A $15.5 million class action settlement has been reached that resolves claims that Comcast required premium subscribers to pay set-top box rental fees in violation of antitrust laws.

Current and former Comcast premium subscribers in California, Washington, or West Virginia who paid Comcast a set-top box rental fee between Jan. 1, 2005 and Sept. 5, 2018, can get up to $15 in cash or $59.95 in Comcast credit from this class action settlement.

In addition, all U.S. premium subscribers can receive the same benefits from the Comcast class action settlement as long as they chose to opt out of Comcast’s arbitration clause.

Consolidated class action lawsuits accused the cable TV giant of forcing its premium television subscribers to rent their set-top boxes and then charged them fees to do so.

The Comcast class action lawsuit states that without a set-top box, subscribers are unable to to view all of the premium cable services and Comcast doesn’t allow consumers who buy their own set-top box, they must rent it.

According to the plaintiffs, Comcast has more than 24 million customers and faces very little cable television competition in the 39 states that it services.

However, customers say Comcast “abuses its economic power” with the forced rental of its set-top box for its premium cable services.

Other television content providers have also faced recent litigation. In a Set TV lawsuit update, the movie streaming provider was sued for promoting services that were “overwhelmingly, if not exclusively, infringing” on copyrighted material.

In a recent Set TV lawsuit update, Amazon, Netfilx, Disney, Sony and other media companies were awarded a $7.65 million judgement over claims that Set TV used copyrighted material without paying the content owners.

The Set TV lawsuit settlement requires Set TV to pay $150,000 to each defendant, including Columbia Pictures, Warner Bros., and Universal, for copyright infringement.

According to the Set TV lawsuit update, the company was sued for offering consumers an inexpensive option for accessing 500+ TV channels.

The Set TV lawsuit settlement court documents state that customers could opt for a set-top box that was loaded with shows for $89 or they could pay $20 per month for the Setvnow app to access streaming content.

In reality, the Set TV lawsuit settlement states that the cheap streaming service did not pay for the content that they were providing to consumers without the creators’ authorization.

“For the customers who use Setvnow, the service provides hallmarks of using authorized streaming services – a user-friendly interface and reliable access to popular content – but with a notable exception: the customers only pay money to Defendants, not to Plaintiffs and other content creators upon whose copyrighted works Defendants’ business depends,” alleged the Set TV lawsuit update.

The Comcast class action settlement was tentatively reached in September 2015, but U.S. District Court Judge Anita B. Brody rejected it after finding that the plaintiffs failed to come up with a way to prove former Comcast customers are true Class Members. Reportedly, Comcast couldn’t provide records for previous customers between 2005 and 2010.

By September 2018, the Comcast settlement was amended to require former customers to submit valid proof that they paid set-top rental fees to Comcast.

The Comcast class action settlement will pay between $10 in cash and up to $59.95 in credit to a Class size of about 3.5 million individuals.

The revised settlement was approved by Judge Brody finding that the settlement terms were adequate.

“Current subscribers receive nothing more from Comcast than former subscribers because the actual cost to Comcast to provide higher-value in-kind relief to current customers is much less than the actual cost to Comcast to provide lower-value cash payments to putative class members,” stated the judge.

Actual settlement payouts will depend on how long a Class Member subscribed to Comcast, and if they would prefer cash or credit.

Comcast customers who want a cash payment can get up to $15 if they rented a set-top box for more than five years.

Those who would prefer a Comcast credit on their account and have been renting a set-top box for more than five years can get a credit worth up to $59.95.

Class Members have until July 9, 2019 to opt out of the settlement or ask to be excluded from its terms.

UPDATE: On Sept. 24, 2019, the $15.5 million Comcast set-top box class action settlement was granted final approval by a federal judge.

Who’s Eligible

Class Members include California, Washington, or West Virginia premium subscribers who paid a set-top box rental fee to Comcast between Jan. 1, 2005 and Sept. 5, 2018. In addition, premium subscribers in any state in the U.S. can file a claim for this settlement as long as they elected to opt out of Comcast’s arbitration clause.

Potential Award

Up to $15 in cash or up to $59.95 in Comcast credits. 

• Class Members who rented a set-top box from one month to 3 years are entitled to $10 cash.
• Class Members who rented a set-top box from 3 to 5 years are entitled to $12.50 cash.
• Class Members who rented a set-top box for more than 5 years are entitled to $15 cash.

Claimants who are current Comcast customers can opt for account credits instead of cash depending on the length of time they rented a set-top box:

• Class Members who rented a set-top box from one month to 3 years are entitled to three free months of Showtime ($30 value); or five movie or tv show rentals or purchases ($29.95 value). “Plus, if the Claimant rented more than one Set-Top Box, one (1) additional movie or television show rental or purchase (up to a maximum $5.99 value).”
• Class Members who rented a set-top box from 3 to 5 years are entitled to three free months of Showtime ($30 value) and one movie or tv show rental or purchase ($5.99 value); or six movie or television show rentals or purchases ($35.94).“Plus, if the Claimant rented more than one Set-Top Box, two (2) additional movie or television show rentals or purchases (up to a maximum $11.98 value).”
• Class Members who rented a set-top box for more than 5 years are entitled to three months of Showtime ($30 value) and two movie or television show rentals or purchases ($11.98 value); or seven movie or TV show rentals or purchases ($37.97 value)“Plus, if the Claimant rented more than one Set-Top Box, three (3) additional movie or television show rentals or purchases (up to a maximum $17.97 value).”

Proof of Purchase

Former Comcast customers must provide one of the following documents showing that a Comcast payment was made between Jan. 2, 2005 and Sept. 5, 2018:

• Credit card or bank statement
• Cancelled check
• Comcast invoice showing rental fee charge

Current Comcast customers will just need to provide their account number.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

8/31/2019

Case Name

In re: Comcast Corp. Set-Top Cable Television Box Antitrust Litigation, Case No. 2:09-md-02034, in the U.S. District Court for the Eastern District of Pennsylvania

Final Hearing

9/10/2019

UPDATE: The Comcast Set-Top Box Rental Fees Class Action Settlement was granted final approval on September 24, 2019.  Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

SetTopBoxSettlement.com

Claims Administrator

Comcast Set-Top Box Settlement
c/o Epiq
P.O. Box 6006
Portland, OR 97228-6006
1-888-748-8055
info@SetTopBoxSettlement.com

Class Counsel

Dianne M. Nast
NASTLAW LLC

Kenneth A. Wexler
WEXLER WALLACE LLP

Stephen A. Corr
STARK & STARK

Defense Counsel

Jaime A. Bianchi
WHITE & CASE LLP

Arthur J. Burke
James W. Haldin
DAVIS POLK & WARDWELL LLP

M. Norman Goldberger
Matthew A. White
BALLARD SPAHR LLP