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
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51 thoughts onCox Internet Lawsuit Alleges Overstated Internet Speeds

  1. Angela Jackson says:

    Please add my sister she’s disabled and cox cable is taken advantage of her by raising her bill every 3 months with out giving her notice, she pays over 200 a month for cable plus internet, which her internet service has never been turned on🤬 just found out this been going on for over a year.

  2. Derek Marshall says:

    how can we start a class action suit with cox on how the monitor data usage ? The lady said she cant see why my usage went up, nothing had changed in 2 years now I am getting billed for new blocks of data or switch to the unlimited plan

  3. Randye Wakeham says:

    Cox has ruined my siding, is there a class action for damage to house?

  4. Theresa Reese says:

    They are charging me $325 a month for service I started off with a 150.00 It have not been a year the only thing they said they can offer me is a free TV channel because it’s a new package bundle

  5. Jay Drewry says:

    Please add me, I joined in Nov 2019 signed up for unlimited internet under a veterans plan for $49.99/month that was guaranteed no expiration date. When they sold it to me they were saying this is the best plan they have ever seen. I still have the emailed contract that shows this, now this month (April 2022) they billed me $153 and said my plan expired and that is what the new plan would cost. I refuse to pay a dime over $49.99 as that is what my contract was for, so I cancelled the service. I’ll use the unlimited data on my AT&T phone to use for internet TV. No reason to pay COX at all.

  6. Jeanine McNeal says:

    Cox are hungry greedy ——–. They have raised my bill without me knowing now an extra 29 dollars for fcc they said they told me it was for a extra tv that I don’t even have. Please stop these people. My bill wasv100 now 189 a month. I will have to stop them and shut it off.

  7. Tina says:

    Internet went from $50 to $68 phone went from $10 to $34.99, all of a sudden I am going over my internet usage first time in years charge an extra $70, my phone and internet goes up a dollar, now I pay $99 for high speed and $49.99 unlimited data, every since the pandemic they have come up with more ways to charge you, knowing we need the internet they are taking advantage of a world wide pandemic, $200 a month is to much to be paying for a phone and internet, I am switching service, saving a hundred dollars.

  8. Dave Boiarsky says:

    Add me please. 21 plus years with cox. I have gigablast was was promised the biggest speed and I continue to get slow speeds. Regarding my cable TV it continues to go out several hours a night. I call cox they can’t seem to find any issues, yet they continue to charge me for service I don’t receive?
    Again, tv on all channels state no signal on all channels. It’s 10:01 on 12/5/21. We’ll see how long this outage lasts until I get tv service and internet back. Such a crock!! Cox continues to steal our hard working money!! Something needs to be done!! I have called the executives in Atlanta GA they won’t take to customers! They delegate all calls to an escalation team that helps sometime and other times does not!!

  9. Anna Rose Stevenson says:

    Add us to the lawsuit. My husband and I have been paying 119.00 for about 2 years for a gigabit. We have never gotten even 100.

  10. Brian Iannantuono says:

    Add me please. I’ve been with COX 21+ years. The last 5 on a “3-year contract” for gigablast at $79.99 a month, immediately after that expired it jumped to $109.99 a month and within a year of that $119.99 a month. I’m getting 10-20% of what I’m paying for. This needs to get fixed. I was among the ignorant that believe to stream it required a top of the line data plan. Funny part is about a year or two in on the 3 year agreement, I complained that it was slow, they brought out a booster and charged me for that too. COX believes that fools are made to be whipped and they have the whipping post at their corporate office. It’s time to change positions.

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