Cox Internet Lawsuit Alleges Overstated Internet Speeds

A class action Cox internet lawsuit alleges that the provider overstates its internet speeds in order to deceive consumers and charge higher prices.

Internet speeds indicate how fast a connection can download or upload data. The speeds, which are usually indicated in megabytes per second (Mbps), are commonly used in advertisements for internet services – with consumers looking for the highest speeds for the best price.

Unfortunately, these advertised speeds may not always be accurate. There are some people who even recommend running speed tests to ensure that they are getting the speeds they’re paying for.

A 2018 class action Cox internet lawsuit brought such allegations against the internet provider, saying that internet speeds were overstated. Spectrum and Charter Communications, both successors to Time Warner Cable, faced similar allegations this summer.

Cox Internet Lawsuit Class Action Allegations

Plaintiff David Erhman allegedly purchased Cox internet services which were advertised as providing 300 Mbps in speeds. He says that he and his family are willing to pay more for higher promised speeds because they use their internet for work, social, education, and entertainment purposes.

Unfortunately, according to Erhman’s class action Cox internet lawsuit, consumers did not receive the internet speeds advertised by the company.

The Cox internet class action lawsuit claims that the company knows its customers will not get the advertised speeds under normal circumstances. This is allegedly evidenced by speed test instructions which direct consumers to test internet speeds while plugged into ethernet, with WiFi off, and with all other programs closed.

“Buried on Defendants’ website are instructions—which most customers will never see and which all customers never see before purchasing Defendants’ services— that show Defendants know customers cannot achieve the highest advertised Internet speeds except in specific circumstances that are not similar to how customers actually used Defendants’ services,” the Cox internet class action lawsuit claims.

Although the instructions claim that this provides the “most accurate results,” Erhman argues that these are not the circumstances in which most consumers use their internet services. He also argues that, since Cox internet speeds are advertised as reliable, the advertisements should reflect what speeds users will get most of the time.

“Defendants know that most consumers will not reliably achieve the highest promised Internet speeds—if they can ever achieve such speeds—based on their knowledge of their network, infrastructure, and equipment capabilities, and based on their knowledge of the differences between wired and wireless Internet connections and the ways in which customers use Defendants’ services,” the Cox internet class action lawsuit argues.

Erhman seeks to represent a Class of Californian consumers who paid for Cox internet services within the last four years. Erhman also seeks to represent a subclass of the same consumers who paid a higher “no contract” price. He estimates that there are at least tens of thousands of potential Class Members.

The Cox internet class action lawsuit seeks a variety of compensation including actual damages, statutory damages, punitive damages, equitable relief, injunctive relief, declaratory relief, restitution, disgorgement, interest, court costs, and attorneys’ fees.

Erhman and the proposed Class are represented by Jamin S. Soderstrom of Soderstrom Law PC.

The Class Action Cox Internet Lawsuit is Erhman v. Cox Communications Inc., et al., Case No. 8:18-cv-01125-JVS-DFM, in the U.S. District Court for the Central District of California.

Join a Free Cox Internet & Hidden Fees Class Action Lawsuit Investigation

If you believe one or more of the allegations described in the class action complaint apply to your experience as a Cox customer, of if you believe you may have been charged fees and surcharges that were not properly disclosed or explained, you may have potential claims against Cox too.

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This article is not legal advice. It is presented
for informational purposes only.