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A settlement has been proposed in a class action lawsuit alleging Cable TV of East Alabama’s practice of requiring premium cable subscribers to lease one of its set-top boxes is an unlawful tying arrangement that violates federal antitrust laws.
If you are a current or former customer of Cable TV of East Alabama (CTVEA) and you subscribed to CTVEA for digital cable at any time since Aug. 10, 2010, you may be entitled to benefits from the CTVEA class action settlement.
Plaintiff J. Michael Foley filed the CTVEA class action lawsuit in August 2014. He claims that he subscribed to cable television services provided by CTVEA between 2010 and June 2015. As part of his subscription, he says he purchased digital cable and paid fees to rent the CTVEA equipment.
According to the CTVEA class action lawsuit, the cable company required Foley to lease one of its set-top boxes as a condition for receiving CTVEA cable services. He says CTVEA possesses market power in cable services that allows the cable company to impose penalties on subscribers who choose not to lease a set-top box.
The CTVEA class action lawsuit accuses the cable company of violating Section 1 of the Sherman Antitrust Act by requiring premium cable subscribers to lease one of its set-top boxes. Foley asserts that this requirement constitutes an unlawful tying arrangement.
CTVEA denies the allegations but agreed to settle the antitrust class action lawsuit to avoid the expense and uncertainty of ongoing litigation.
Class Members who wish to opt out of or object to the CTVEA settlement must do so no later than July 29, 2016.
Who’s Eligible
Class Members of the set-top box settlement include anyone in the United States who subscribed to CTVEA’s residential digital cable video services and paid CTVEA a monthly rental fee for a set-top box at any time between Aug. 10, 2010 and the Effective Date of the class action settlement.
Potential Award
$30 account credit or $20 cash payment.
Current customers of CTVEA will receive a $30 account credit and must submit an Election Form (available here) to elect the services no later than Sept. 27, 2016.
Former CTVEA customers must submit a Claim Form to receive a $20 cash payment.
Proof of Purchase
Account number and/or the address at which you received CTVEA cable services.
Claim Form
Claim Form Deadline
09/27/2016
Case Name
Foley v. Greene Communications Inc., et al., Case No. 3:14-cv-00877-GMB, in the U.S. District Court for the Middle District of Alabama, Eastern Division
Final Hearing
08/30/2016
Settlement Website
www.EALSetTopSettlement.com
Claims Administrator
RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Phone: (866) 742-4955
Fax: (215) 979-1695
Class Counsel
W. Tucker Brown
WHATLEY KALLAS LLP
Defense Counsel
Ronald G. Davenport
RUSHTON STAKELY JOHNSTON & GARRETT PC
Adam S. Caldwell
DAVIS WRIGHT TREMAINE LLP
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One thought on CTVEA Set-Top Box Class Action Settlement
What about VYVE Broadband? We are in the Tazewell area of East Tennessee, where Tennessee, Virginia and Kentucky come together. We have to rent their modem, cable box and remote control to get cable service.