Arris Class Action Says SURFboard Cable Modems are Defective

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A class action lawsuit filed on March 31 against Arris International PLC alleges that the popular SURFboard SB6190 modem is defective.

Specifically, the complaint contends that the modem frequently “suffers from high spikes in network latency—delays in data communication over the network—that degrades users’ Internet connectivity.”

“By shipping Modems with this defect, Arris sold consumer goods that were substantially below the quality generally available in the market, were not fit for the for the Internet connectivity for which they were generally used, and were not adequately packaged and labeled,” according to the class action. Because of this, the complaint alleges violations of California warranty and consumer protection laws.

The Arris defective SURFboard modem class action lawsuit states that more than 50 million households in the U.S. subscribe to cable internet, and either lease or buy a modem to receive the internet connection. These modems are rated by their “bps,” or how many bits per second they can transfer. The complaint asserts that typical modems are rated in “Mbps,” which are “millions of bits per second.”

The complaint claims that Arris “prominently marketed and advertised the Modem based on its purported speed and reliability.” The class action cites several Arris advertisements which state that they are “the industry standard and the world’s standard” for modems.

Other marketing by Arris proclaims that its SURFboard modem is “the first Giabit+ Cable Modem available in retail,” and that it “is capable of up to 1.4 Gbps!” The complaint explains that a Gbps is actually “billions of bits per second,” or several times faster than standard Mbps modems. However, the class action claims that some reports surfaced in 2016 that SURFboard owners experienced large network latency.

The complaint explains that network latency is the “delays that occur in data communications,” or the time it takes to establish a connection. Network latency is typically measured in “ms,” short for milliseconds, and latency of five to 40 ms is standard. The class action argues that network latency is just as important to consumers as download speeds, because it can significantly slow down and interrupt online activities.

The class action cites several articles and reports from November and December 2016 on the extreme latency users found in their SURFboard modems. One test showed that the modem suffered from latency of over 200 ms several times each minute of use.

Plaintiff Carlos Reyna states that he purchased the SURFboard modem in 2016, and experienced “abnormally high network latency and unreliable Internet connectivity.” Reyna requests certification of a Class of all persons in California who purchased an Arris SURFboard SB6190 modem. The class action seeks restitution and damages for all putative Class Members, as well as an injunction stopping Arris’ “improper conduct.”

The plaintiff is represented by Noah M. Schubert, Robert C. Schubert, and Willem F. Jonckheer of Schubert Jonckheer & Kolbe LLP.

The Arris Defective SURFboard Modem Class Action Lawsuit is Carlos Reyna v. Arris International PLC, Case No. 3:17-cv-01834, in the U.S. District Court for the Northern District of California.

UPDATE: March 2019, an ARRIS SURFboard cable modem class action lawsuit website has been established. Click here to learn more.