$15.5M Comcast Set-Top Box Class Action Settlement Gets Approval

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A proposed $15.5 million Comcast set-top box class action lawsuit settlement took its first tentative steps to approval.

The Comcast set-top box class action settlement was previously denied in 2015 when a federal judge determined that the proposed Class Members could not reliably be determined.

Comcast appealed the denial and, in the meantime, the parties amended the settlement proposal.

U.S. District Court Judge Anita B. Brody preliminarily approved the fourth amended version of the Comcast set-top box class action lawsuit settlement. The judge noted, however, that the notice proposed needs to be further modified to cure some deficiencies.

Pointing out that the Comcast set-top box class action lawsuit settlement is several years old at this point, Judge Brody states “In light of the risks attendant with this litigation, the settlement agreement provides sufficient compensation to putative class members,” in tentatively approving the agreement.

“Because the settlement agreement does not raise any red flags and adequately compensates putative class members, there are no obvious deficiencies to cast doubt on the proposed settlement agreement’s fairness,” concluded the judge.

The Comcast class action settlement stems from allegations made by consumers in 2008 that the company forced them to rent a cable box to access Premium Cable packages. The Comcast cable TV class action lawsuit alleged the requirement was a violation of the Sherman Act, as well as state antitrust and business laws.

The initial case was consolidated into multidistrict litigation, along with dozens of other similar lawsuits.

Under the terms of the Comcast set-top box class action lawsuit settlement, Class Members will receive between $10 and $59.95 between cash payouts and “in kind” awards. “In kind” awards will include things like subscriptions to certain channels. The amount of the award will depend on whether the Class Members still subscribe to Comcast.

“Current subscribers receive nothing more from Comcast than former subscribers because the actual cost to Comcast to provide higher-value in-kind relief to current customers is much less than the actual cost to Comcast to provide lower-value cash payments to putative class members,” stated the judge in the order preliminarily approving the Comcast set-top box class action lawsuit settlement.

“Thus, the $59.95 maximum value of in-kind relief that a current subscriber may receive only costs Comcast $15.00 or less. At best, the in-kind relief is equivalent to the cash payments available to all putative class members.”

However, the judge also noted that final approval will be held in the Comcast set-top box class action lawsuit settlement until notice has been provided to all Class Members.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The MDL plaintiffs are represented by NastLaw LLC, Wexler Wallace LLP, Begley Carlin Mandio LLP, Sweetnam LLC, Bailey & Glasser LLP, Fodera & Long, Devereux Murphy LLC, The Bell Law Firm PLLC, Foote Meyers Mielke & Flowers LLC, Edgar Law Firm LLC, Gustafson Gluek PLLC, Becnel Law Firm, Macuga Liddle & Durbin PC, and Wiggins Childs Quinn & Pantazis LLC.

The Comcast Set-Top Box Class Action Lawsuit is In re: Comcast Corp. Set-Top Cable Television Box Antitrust Litigation, Case No. 2:09-md-02034, in the U.S. District Court for the Eastern District of Pennsylvania.

UPDATE: March 2019, the Comcast set-top box rental fees class action settlement is now open. Click here to file a claim. 

UPDATE 2: On Sept. 24, 2019, the $15.5 million Comcast set-top box class action settlement was granted final approval by a federal judge.