Brigette Honaker  |  January 24, 2020

Category: Internet Speed

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internet speed representationA 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.

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51 thoughts onCox Internet Lawsuit Alleges Overstated Internet Speeds

  1. Eric S says:

    How do i get added to this lawsuit!?!?!

  2. Holly Norwood says:

    Please add me..Been with Cox for over 6 years /speeds are are always slow and I keep upgrading my speed paying up to 40 dallors extra and I dont even have gigablast.So 80 dallors for internet plus extra 40 dallors upgraded speed.It is so bad /speed test are horridness a joke/Kid home schooling has constant loading issues and dropped internet /wifi on phones forget it drops constantly/I work from Home and my customer calls are almost pointless because of robot like talking and dropped calls/My husband cant game and when hubby cant game all hell breaks loose/Its ridiculous to pay all that money and never reach the speed or service Cox promised to provide/But they quick to take your money or disconnect you if you are late/You want me to hold my end of the deal/Well you are a Company that is ripping people off Either Hold up your deal or stop choking are necks being the only company to provide services in are area/Let a honest company step in and do the Job you clearly cant provide. When I call them i was told that Cox needs to go to court and get a contract to build new towers because of the demands for internet.Well you are a multimillion dollar company your job is to anticipate consumer needs and get that tower you need built asap/Not keep telling people excuses and advertise that you provide these high speeds when you know you don’t and haven’t for a long time /Please The money they have stolen from me you bet I want to be part of this law suit//

  3. Alex Rodriquez says:

    Add me. Have been receiving less than a third of what i pay for years now….Even with the speed test straight off the modem. They know what they are doing and it NEEDS TO STOP. And the customers need justice.

  4. CraigStepp says:

    I’m paying for unlimited data not capped data does cox even have the mental capacity to understand what unlimited data even means they need to give what I was told I’m paying for not change everything without my prior knowledge or consent to do that. I have cerebral palsy and I trusted these people and now my hole disability benefits check goes to paying for things I was promised would be free

  5. Joel Johnston says:

    Add Me

  6. Nerissa E Omandan says:

    Add me

  7. Scott Clair says:

    Add me. Been with COX for years and my kids keep telling me that the speeds are nothing that is advertised . I pay for Gigablast and still have issues .

  8. Chrissy S says:

    Please add me. Paying damn near $260 for “Gigablast” speeds and its not even unlimited. It goes down all the time, I work from home and have had to call out and lose time because of Cox. Do they care? No. But they have the monopoly here in Vegas for ‘fast’ speeds.

  9. Sarah says:

    Add me! Cox is THE LITERAL WORST!

    1. Tracie says:

      Pls. Add me service does not work properly and it is affecting my work and revenue.

  10. Ramon C Esparza says:

    I have to deal with this constantly. Paying $200 a month. Get charged additional fees if i go over 1tb (that’s fine) but as i near the end of the month. I see packet loss and throttling. Spend 3 hours on hold in chat only to be told, nothing is wrong and they see no packet loss. I’m gaming and my game is saying I have packet loss at the exact moment they say there is none. Reset my modem and router regularly. Hate cox but I am literally a victim of my location where i cannot get any other provider with comparable “speeds”

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