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Consumers have filed an internet speed class action lawsuit against media giant Time Warner Cable (TWC), alleging false and misleading advertising. Lead plaintiffs Elizabeth Hart and Le’Roy Roberson have named TWC and its successors, Charter Communications and Spectrum Management, as defendants.
Case Background
According to the complaint, Hart, her family and friends, all residents of Orange County, Calif., have been subscribers since 2013. They have used the defendant’s internet wireless connection services on a daily basis for multiple purposes.
Roberson, who resides in Los Angeles County, is a telecommuter who relies on reliable, fast internet service for his employment. He says he has paid a premium subscription fee in order to get higher upload and download speeds (300 megabits per second), which the defendants represented to him as being the fastest internet speed available.
The Allegations
Between January 2013 and July 2014, Hart says she subscribed to TWC’s “standard” service, which the company claimed provided upload/download speeds of 15 megabits per second. However, she claims that despite having been provided a modem that she was told could handle such speeds, her service was plagued by buffering and other delays.
Because of this, she says, she began subscribing to the defendant’s “Extreme Internet” service, which company advertising claimed was twice as fast as the “standard” one. She claims that the “Extreme” service was no better than what she and her family had been paying for previously; furthermore, the modem that was leased to her was inadequate for handing the 30 mbps data transfer rate that was promised.
Hart also claims that the defendants’ “No Contracts” advertisement was misleading. She says the Defendants had never provided her with the Terms of Service, which she says turned out to be a “binding contract,” that required her to follow a “Residential Services Subscriber Agreement” she said had been published without notice to consumers in 2016.
Roberson claims that whenever company technicians entered his home in order to check his connection speed, it was never more than half the speed claimed by the defendants. He argues that because he relied on the promises made by the defendants, he has suffered harm to his livelihood. His claim against the defendants has been stayed pending the outcome of arbitration proceedings.
All of the plaintiffs allege that Time Warner and the other defendants were fully aware that their actual services would and could not perform as well as was claimed in their advertising and marketing materials. The internet speed class action lawsuit accuses the defendants of fraud, misrepresentation, and violations of California False Advertising statutes.
The current Internet Speed Class Action Lawsuit is Case No. 8:17-cv-00556-DOC-RAO, U.S. District Court, Central District of California, Western Division.
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45 thoughts onTime Warner Hit With Internet Speed Class Action Lawsuit
Never got what they said had it checked
Tech Guy, are we, the average consumer expected to know all this? or are we all being hoodwinked into false advertising because these internet Monopolies think the average consumer in stupid?
They sell us these packages, install their crap, and tell us this is the best they have for what we signed up for.
ADD ME PLEASE. I SO WANT IN ON THIS ONE!
Please add me to spectrum lawsuit David warren
Add me
I had the same issues with AT&T internet I paid for their basic internet and my Xbox ran slower than if it was on 1990s dialup and when asked about it they said it was high traffic volumes. My opinion Time Warner aka Spectrum is way better and faster but could just be my area which is also a big factor.
Me too…AT&T has always touted high speeds, and has never been able to reach even half the speeds they said I would get. so we dumped them for Spectrum…same ol problems.
What’s most likely happening here is that the devices the plaintiff has connected to their internet are not capable of 100+ gb/s internet speed or they’re not connected to the correct wifi band (most modern routers have 2, a 2G and a 5G band, the 5G one being capable of higher speeds). Don’t be surprised if this blows over.
That happened to us for 2 years. They are a fake. We paid so much money for premium but the modem they gave us for lease did not support the speed
add me
Add Me
My average speed is around 32 or 33. NOT the 100 I must pay for. Its OUTRAGEOUS. Such a scam. The lines haven’t been updated in over a decade so how can you put high speed anything thru equipment that is old and falling apart.
Being tech savvy i can tell you that speeds are what they say they are ONLY if you use the correct methods. For the 100mbs connect your laptop or pc to your modem with an ethernet cable and run a speed test. Everyone in 2019 thinks they are entitled but they aren’t no matter how much its explained they dont listen. Some devices are capable over wifi others arent. Even using wifi theres variables that take effect which cause speeds to fluctuate.
Tech Guy, are we, the average consumer expected to know all this? or are we all being hoodwinked into false advertising because these internet Monopolies think the average consumer in stupid?
They sell us these packages, install their crap, and tell us this is the best they have for what we signed up for.