Melissa LaFreniere  |  July 10, 2015

Category: Consumer News

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Cox CommunicationsA proposed Cox class action lawsuit that accuses the cable company of intentionally hiding fees by mislabeling them in a confusing way in order to charge more for certain television services has been moved to a California federal court.

Plaintiffs Matti Yousif, Elizabeth Ioane, Zach Beimes, Dawn Harrell brought the hidden cable fees class action lawsuit against CoxCom LLC and Cox Communications California LLC after noticing that there were added “Advanced TV” fees in addition to recurring fees and applicable discounts.

The plaintiffs allege that despite marketing materials that advertised that the price of Advanced TV was all-inclusive (except for government-mandated applicable taxes, fees, and surcharges), Cox added unauthorized charges for the television cable service without the knowledge or consent of its customers.

The Cox hidden fee class action lawsuit claims the company committed these acts “with the intent to induce members of the public to purchase its products.” The plaintiffs claim that thousands of Cox customers relied on their false advertising campaign and lost money because of it.

The plaintiffs live in three different states and if the Cox class action lawsuit is approved, Cox customers in Arizona, California and Nevada who paid additional fees under “Advanced TV” within the last four years may qualify to join as Class Members. There are more than 400,000 Cox subscribers living in those states that subscribed to Advanced TV, according to the Cox hidden fees class action lawsuit.

However, the wording of the Cox class action lawsuit is unclear just how much money the class action would seek. The plaintiffs allege they lost $50 in hidden fees, but it is uncertain whether that is a collective amount between the four plaintiffs or an individual amount. If it was a collective amount, Cox could be facing a $5 million class action lawsuit. If it was an individual amount, the cable company may be facing a $20 million complaint based on the 400,000 Advanced TV subscribers.

Due to the substantial financial implications along with the fact that at least one plaintiff lives in a different state than the defendant, the proposed class action lawsuit was recommended to be moved to the U.S. District Court for the Southern District of California.

Plaintiffs Yousif and Ioane, who are California residents, are suing Cox for unlawful business acts, false advertising and violations of the Consumers Legal Remedies Act. The Cox class action lawsuit states that the defendant violated the act by making representations and advertisements concerning the pricing of Advanced TV “when it knew, or should have known, that the representations and advertisements were false, deceptive and misleading.”

Plaintiff Beimes of Nevada is alleging Cox violated Nevada’s Deceptive Trade Practices Act and plaintiff Harrell of Arizona is alleging the cable company is in violation of Arizona’s Consumer Fraud Act.

The plaintiffs are represented by Derrick F. Coleman and R. Jeffrey Neer of Coleman Frost LLP.

The Cox Hidden Fee Class Action Lawsuit is Yousif, et al. v. Coxcom LLC, et al., Case No. 3:15-cv-01499, in the U.S. District Court for the Southern District of California.

UPDATE: On Mar. 21, 2016, a federal judge agreed to send the hidden fee class action lawsuit to arbitration.

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24 thoughts onCox Faces Class Action Lawsuit Alleging Hidden Fees

  1. Brittany Case says:

    I am so tired of cox’s crap So mine is long! I am a student I do my classes online! They have caused so much stress for me based off of their billing issues and not getting it strait i have had issues for 4 months! Causing my grades to do drop because they have shut me off for a miscommunication to the billing! First to understand you will have to know the whole story i moved out of a previous apartment and at end of services did not turn them back on for about 3 months. I returned my equipment all except one piece that is probably in my storage unit! They stated they would give me time to get it back in and when i did i wouldn’t owe any money! A couple months later i still have not returned the box have cox services and have not ever received a bill break down or a bill in fact! They shut my services off in the middle of one of my exams because i did not get a billing date i had told them that they see why i can not get in on my online acct it is linked to my old account! Okay a misunderstanding they say they will take care of! The next couple months I pay my bill over the phone! I then get online after they stated they fixed it! I get online to pay my bill with the email that is registered to my current account it does not give me information on what address i was paying on and i pay my bill they shut me off again in the middle of a big assignment worth half of my grade by now i am so irritated and thinking i am going to fail my classes. I could not get anyone to turn my services on i was told they will move the amount to my new address! So i thought all would be okay after the fight and the fear of failing i had to go to the hospital because i was feeling shakey and could hear my pulse in my head my blood pressure was high! But its not over yet Again I am doing my homework and they shut me off yet again! Why? I thought it was all taken care of according to the acct rep I talked to! NO it was not i was unable to speak with a supervisor for hours bounced around as no one could figure out what was going on had to re-explain many times what i was told and the entire situation! I finally get to a supervisor who explains they were unable to credit my account back! I am pissed now as if they would have straitened this around in the first place i could have made sure it was taken care of my grades were at Ds and all due to missing or incomplete assignments from this game i was playing! She knew I told her and all of this was never a concern to them well its a huge concern to me as i have 3 children i support i am a single mom and work full time! I don’t want to live on government assistance and want to do best for my kids i can! The problem here is if i fail my classes i lose my financial aid and i can not afford college! I explained to her because of this i could not make a double payment at all in a month she refused to give me much slack! She gave me a weak to come up with half the bill then she put the rest of the bill on the following month! I am on a strict income i make about $15 a hr which does not qualify you for state assistance or any help. I have all the normal bills and to add another amount to my already stressed pockets makes it very difficult! She decided to tell me that i had to pay it to reinstate my services I told her I would have the money by the deadline and she says if i was going to do it! I would need to put a bank card on file well I figured i will do my best to figure something out she stated November 20th I watched my acct nothing came out until days later! The problem with that is i had to not pay another bill on time to make up for this! I couldn’t get shut off as I don’t have time to go to the library to do my homework and i was almost don’t with my classes well when they didn’t take it out on time the other bill got there first so it declined i did get the payment in by calling! During this entire time the 4 months i have stated i have had billing issues they have not been resolved! so Nov 23 i finally get a emailed bill/ not what i call a bill just a due date and amount owed it states i owe $523 what how I don’t understand why it is so high I have made all payments except one i decided i had enough! so the day after thanksgiving i call in trying to cancel everything! They can not i am under a new customer agreement! I was never aware of this as i was a old customer and did not get any specials that i am aware of i never received a bill break down i told him i want to speak with a supervisor he states that they are low on employees due to the holiday and there is not a supervisor available i will have to call back. So a few days later i call back to figure out my bill as i am ready to pay/ cancel our services as i can not afford all of this but i have to have my internet. call to cancel phone i use for my 13 year old for when he gets home from school and the basic cable that came with the package nothing extravagant bare minimum. I ask for a bill break down she states there were added charges because i used a prepaid card to pay my bill and that didnt go through.. Was never aware that i couldnt use it as i use it over the phone any other time! And late fees ect. I ask for a bill break down she says they dont really do those. I stated the obama truth and lending act as i feel it should apply to them as well i should know what my charges are and what my bill is going to be! The acct supervisor stated she would not take off any fees or anything! So i just told her id see her in court and hung up! I am now starting classes again breaking an agreement i never had with them in the first place and going off to century link as i can no longer deal with this problem or risk my education! But i do feel that they have violated laws somewhere some how in my scenario and want to get to the bottom of it and the stress they have created and worry is something i will never get back! Positive side i was able to bring my grade up to a low C but this still disappoints me as i have been a A B student this entire time and it affects my GPA.. If anyone knows where i can get in contact with a lawyer or someone willing to fix Cox or even put them out of business i would be happy with that there scam artist and only looking to get a buck they don’t care about there customers and sure do not try to make anything easier!

  2. Margaret Johnson says:

    I was being over charged just for having internet and regular cable. Add me please and thank you

  3. Arnise says:

    How can I sue them seriously I have had problems with them since I started service they are complete rip offs

  4. John says:

    Their service is absolutely horrid. Constant down times, and I have to hear from the maintenance and service techs all of the known issues in the street and nodes, that are never disclosed or acknowledged by the Cox representatives to the customer. They’re supplying a service they cannot upkeep.

  5. kaniya mitchell says:

    im from macon ga and cox cable is a crook.something needs to be done about this.

  6. steve says:

    August 26, 2017, I’m suing Cox in San Diego Civil court as they installed a new system of telephone wiring to my home that they did not disclose to me before installation required an entirely new connections arrangement my home is not designed for and they state is my responsibility to pay for. I did not have to have this before. They left me without service for a longer period of time than normal and claim they can do this under their tariff with the PUC.

  7. Chris says:

    Cox communication sold me a package, then told me I had to add security and phone to qualify for the package. The package was $150 a month with free install for two years. Now they charged me the install fees, and the late fees that accrued while they claimed to be fixing the account and my monthly bill is $230. But they did offer to give me $50 for my trouble. Ive never used the phone line or activated the security system. I would have to pay extra fees to get rid of the services I never wanted in the first place. Based on the last conversation I had, the supervisor made it clear that they have removed all records of our calls or the promises they made to us. Be more than happy to get involved in complaints or a lawsuit, this was the most criminal company I have ever dealt with.

  8. Janie says:

    Cox is ridiculous. I just moved my service as I moved. They increased my bill for the exactly same service and they said that when I requested the service they had discount which was the original bill but now they went back to original price. So, right? I was in their discount phase as they stated, but how come they overcharge me and I don’t know how they explain their unreasonable overcharge.

  9. Richard Gualtieri says:

    We just moved to Florida and thought Comcast in Alabama was bad but Cox in Florida is outright criminal behavior. They not only overcharged for installation but misrepresented service packages and jacked up our bill incredibly with a statement over $500. They doubled billed us for buying a router and then also charged a rental fee. We went to their store and manager could not be located. Store had no direct contact number. Took us 1 and 1/2 hours to try to fix our bill and still not resolved. Would be happy to participate in class action suit. We understand that Cox has total control of cable in our area with information that Cox has agreement with competitor not to infringe on certain areas. We live in Destin, Florida.

  10. Lisa Culver says:

    Cox are crooks they have raised my bill every month since last August 2015 . And I dont even have any movie channels like Hbo or stars or cinimax. I have to call every 6 months for the loyalty channels. I’m done. Time to start filing complaints. Cox has got to be stopped. This is the true essence of a big corporation robbing the publuc.

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