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Charter Communications Inc. and Spectrum Management Holding Company LLC, formerly known as Time Warner Cable, are facing a class action lawsuit that accuses both companies of misleading consumers into believing that they could “deliver internet service at speeds and with access that they knew they could not deliver.”
Plaintiff Elizabeth Hart and Le’Roy Roberson file this class action complaint alleging that they were, “harmed by defendants’ false representation and other wrongful business practices.”
Hart and Roberson are both California residents who say they signed-up for Time Warner Cable years ago. TWC formerly provided internet and cable services to the residents of California before May 18, 2016.
However, “on May 18, 2016, as part of a series of corporate transactions that resulted in Charter Communications, Inc. (Charter) merging with TWC and continuing to operate its business, TWC merged with and into Spectrum Management Holding Company,” the class action explains.
Spectrum and Charter continue to provide cable and internet services to customers under the name, “Time Warner Cable.”
According to the class action complaint, the defendants promised an advertised and specific internet speed but failed to deliver on that promise. Hart says she tried to change her internet service provider but was told that her only option was Time Warner Cable or Spectrum.
Roberson says he paid for an internet speed of 300 mbps, which he believed to be the highest allowable internet speed, but it continuously never reached anywhere close to that speed. Roberson claims that “when defendants’ personnel came to his home to test his internet speed on multiple occasions the speeds never registered above 130 mbps, far below what he was paying for.”
The plaintiffs’ complaint states that, the defendants knew that the internet speed request could not be delivered upon as they had already, “leased to many consumers older- generation modems and wireless routers that were incapable of supporting the promised internet speeds.”
Accordingly, a proper network and infrastructure was not set up to allow new consumers with newer modems and wireless routers to obtain the promised internet speed, the lawsuit states.
The defendants’ misrepresentation has been deemed fraudulent by the plaintiffs and as such, unlawful, unfair, and deceitful. The wired and Wi-Fi internet speeds are often far below what was being promised. What the defendants had moreover continued to do, was to “advertise that their wireless internet services supported the same speeds as wired connections that are not hampered by modem and wireless router capabilities and network limitations.”
Charter Communications and Spectrum are alleged to be in violation of: 1) The Lanham Act, 2) California’s False Advertising Law, 3) California’s Automatic Purchase Renewals Law, 4) California’s Consumers Legal Remedies Act, and 5) California’s Unfair Competition Law.
The plaintiffs are represented by Jamin S. Soderstrom of Soderstrom Law PC; and Douglas L. Mahaffey of Mahaffey Law Group PC.
The Charter, Spectrum Internet Speed Class Action Lawsuit is Elizabeth Hart and Le’Roy Roberson v. Charter Communications Inc., et al., Case No. 8:17-CV-00556, in the U.S. District Court for the Central District of California.
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403 thoughts onSpectrum Class Action Says Internet Speeds Are Falsely Advertised
Another ripped off sucker here. Completely lied to. Spectrum throttles your internet after a couple of days. They point you to a speedtest site they traffic shape in order to ‘prove’ you have 200mpbs.
Transfer any other way, http, getting 1.5 MBs , which should be 12-25. DCC sends under 1MBs. SFTP same boat.
Spectrum sucks huge balls. I’m surprised they haven’t been sued into oblivion for straight fraud.
They have to worst service ever. I have only had the a little over month and I have never seen such false advertisement and lies about how fast the internet is and the service. they make me sick to my stomach They want your money and they take it fast enough. I wish their service was as fast. Shameful!
Roman Maghiar August 22, 2017
At the end of May I called Spectrum to install basic internet and TV being that they have the clamp down on the co-op I leave in. Two guys came in, pulled the wires, did the install, and then I checked and have no internet…they rebooted the modem, did everything they could, got on the phone with their supervisor, I even got to talk to the internet repair department who agreed there is a problem as they can see loss of data packets ( I said how can you explain that when I don’t even have a browser open…)
I have connectivity issue, it disconnects and reconnects 5-6 times in 1 minute and 45 sec nonstop ( I have a little film recorded with my cell phone to prove it )…it’s impossible to use the internet and only for TV I don’t agree to pay you $72.95 before tax and fees…
One week later, four appointments, six technicians, twenty one hours of my time and the problem still was not fixed. Everybody I talk to on their end promised and guaranteed that issue is being addressed by their higher tier…what they do not tell you is: the higher tier, PLANT, is been on strike for the past two and half months or so, as far as I know they are still on strike, and all the jokers showing up at my door are subcontractors…
They all came in and did exactly the same thing: replace connectors, splitter, cables, modems, pulled direct line…same issue, not resolved…tried different ports, hardwired, tried my desktop running windows 7, tried my laptop windows 8…same issue….it even did it wireless.
Every time I called back ( many phone calls and people I talk to ) and asked for update, I was given the run around…I asked for a trouble ticket number, never got one, I was however told that the ticket was closed??? I said what was the resolution, who closed the ticket and why when the problem still exist? I asked for names of people I talked to and never got one…
After one week I closed the account, called a car service ( I am disabled on social security limited income and cannot take public transportation ) and returned the equipment…no internet, $30 out of my pocket, aggravated and sad. Have proof of returned equipment and $O balance owed…
Beginning of July, I decided to give them a second chance ( what was in my head? ) explained the whole situation, I begged them to pay attention to what I say because if the problem is not taken care of I will close the account again and never come back. I was promised that immediately after tech comes and does his routine on July 2, someone from the MDU department will come and replace the cable outside the building or something of that nature…nobody came, nobody called, same problem with the connectivity…Monday July 3rd I called back yet again…some guy in the “customer care” department…so “helpful” and “nice” that it made me close the account right then and there after roughly one day…
July 4th, car service, returned the equipment, another $30 out of my pocket…proof of returned equipment…
A few days later received mail dated 07/02/2017 with a bill amount of $159.78…I was livid…they advertised $29.99 TV phone Internet, however not made it clear offer only good if you bundle all 3…I called them and they said they always send they bill ahead of time, I said I returned the equipment already and I don’t agree to pay for substandard, nonexistent service, this was the second chance I gave them, what happened with satisfaction guaranteed, 30 days money back…
A few more days later received another bill in the mail, dated 07/04/2017 for $60.69…I just disregard it…tough to deal with anyone who does not listen…
08/04/2017 received another bill from them…$60.69…I disregard it…
08/22/2017 mail from Sunrise Credit Services on behalf of Spectrum/Charter Communications in an attempt to collect the debt…I called them, explain the whole situation to Tiffany who said that as far as they are concerned the issue is closed on their end.
10/20/2017 mail from Diversified Consultants Inc. on behalf of Spectrum/Charter Communications in an attempt to collect the debt…$60.69…I called them, explain the whole situation yet again, I asked how did they end up contacting me when I know I owe nothing to nobody and the issue is closed…Oh, well, Spectrum….
I got on the phone and asked Spectrum to check on their end if is there still an account opened under my name or phone number, they could not find anything, but just to sleep better they advised me to contact CBE goup at 866-913-3133 or 888-982-7069 as they are th only collection agency Spectrum works with…ok…called CBE…couldn’t find anything outstanding or not under my name or phone number…
06/25/2018 mail from Southwest Credit…$60.69…by now I’m tired, drained, sick to my stomach to keep repeating the story and it never ends…I disregard it…
03/01/2019 mail from Credit Management LP….$60.69…ignore it…
04/18/2019 received e-mail alert as my credit score changed, logged in, checked and yes, it dropped 26 points due to Credit Management reporting an unpaid debt..
Over these past couple years I received a ton of phone calls, early morning, afternoon, late night…as everyone knows, you don’t recognize a number, you don’t answer. There were never any messages left and I was not about to call back, I’m not that curious. No messages, number blocked.
I am simply appalled the nerve they have…to treat people the way they do…the incompetence and deceptive tactics…I see Spectrum commercials on TV and I can only feel sorry for those who take the bait…I want my $60 back for returning their equipment, and whatever a judge will decide is fair for all the stress and aggravation they have caused me.
Thank you so much for taking the time to read my story.
Respectfully yours
Please add my name to this Wynisha Hardin. I originally had time warner cable which was not great but then after receiving a bunch of unwanted calls from spectrum even after I asked to not be called and put on the do not call list still called. I finally picked up again and spoke with Norma Jean who is the same persona that sold me my original TWC plan. She talked to me about the spectrum ultra 400 speed boost plan for $84 a month guaranteed for years. I agreed to switch and as soon as they switched it my speeds were terrible I called them back 3 days later and asked to be switched back as I was barely getting around 39ish download speed and upload a bit lower. The guy said we can’t switch you back. I said something needs to be done cause this is nowhere near 400 speed. Over the course of several weeks I didn’t receive anywhere near 400 speed and nothing stayed connected. Netflix buffered which had never happened and if I connected more than 1 device at a time the others disconnected. I finally put in a complaint with the BBB and that’s when the company decided to contact me. They sent out 3 techs. The first switched out the boxes and did some troubleshooting. The speeds were still not at 400 but got up to over 100. Later on that night when I returned home the internet was messing up again and the speed had dropped drastically to the point where I couldn’t even run the speed test. They sent out another tech who switched out the box then said I see where you get the speed for a few minutes but it drops off. He said he will be back and never returned. After being super fed up w/paying for something they didn’t provide I wanted to cancel it and I was moving anyway. I left a vm on the Executive office for Nikita Patel. I spoke w/someone else in November who told me I dont owe them anything and once they check the equipment in they will be issuing me a check for $8. I provided her with my new address to send the check and I asked her why they kept lying about the speeds. She said based off your area I don’t know why they would put you on that 400 speed plan because in the area you live in you will never get that speed. I was livid and asked why did Norma Jean lie to me about it. She apologized and said she didn’t know but in that area I would never get anywhere near that speed. She then said not to worry because I didn’t owe them anything and I should receive the check in the next 5-7 business days. This was a complete lie because I didn’t receive a check I received a bill saying I owed $243 from October 2nd 2018-December 3rd of 2018 which I found to be hilarious considering I moved in November and they knew about it and there hadn’t been any active service in the apartment since mid October. I immediately called back and spoke w/a very rude manager who refused to pull that call cause I know they have the capability as this isn’t the first time they have pulled a call after a rep lied and it doesn’t take long. I asked for a corporate and he told me they didn’t have one and said everything is done by the call centers. They also reported to the credit bureau that I owed them $175 which dropped my score. I just spoke w/someone else via chat who said you only owe $103 the other amount was billed by mistake as $103 is a past due amount. I then said there shouldn’t be any past due amount and requested the call be pulled again. It still hasn’t been pulled even though it proves they have been lying about speeds and pricing.
I will like to add my name to the lawsuit. I decline their new service agreement because it is used to wavier your rights to a class action suit. I am not denied services that I paid for.
How can I get information about payments from this law suit? Law suit started February 1, 2017 with Attorney General Eric Schneiderman. Case number is 450318/2017.
Here in Hawaii they have been doing it since they took over. Extreme 100 Ultimate Internet is what I pay for but get speeds reminiscent of a dial up connection. DL is nearly always lower than UL speed which tells you how bad they are. Emailed the VP of Cust Serv complaining and never heard a peep. Sent a second email with screen caps of their own Speed Test along with a request to only reoply by email because I don’t have the time or patience to deal with an ignorant sales manager that has no idea how the tech side is supposed to work. I ended up getting called by the local customer service manager who claimed everything looked fine according to what he saw on his screen. Funny how when I went to my account page while on the phone with him, it claimed that none of our equipment was even connected let alone working. Fact is, the TV was on and working fine as was the DVR. I was also connected to the internet albeit at less than 2Mbps DL speed.
Hi, this is my complaint: I’ve received an offer from this company about the internet, tv and voice offer directly in my home address, I called them and they promised to provide the service at my address, I was asked to pay in for the first month of service and setup fee which I agreed, my credit card was charged on October 27th, 2018 and they set up an installation day for October 31st, 2018. The technician arrived at my house and he said that my house is located in a non-serviceable location. I had that information like a year ago but since I received the offer on my mailbox I called to ask for the service and the representative clearly said: “yes we can provide the service”. I asked him again “are you sure” because a year ago my house was flagged as a non-serviceable area? he again said: yes we can provide the service, no problem, sure we can provide the service because there are more people requesting installation of our service. As of today Nov 7 2018 I have no service installed and they have not refunded me the charges to my credit card.
Is this active? Still under investigation? I have lived in my area a month and we have constant outages under charter spectrum. This isn’t fair, or right. Something needs to be done about this. If they can’t deliver internet that works, they need to GET OUT and let some other cable company give us internet.
Spectrum/ Chater have the worst services. Slow internet and for the past three nights NO INTERNET OR CABLE. When I call the automated system runs me in circles and then disconnects me saying ytgst there is no outage. But the outages are real. And I can’t get through to customer service. We are paying for terrible service
Ms. Laura You are more then right, we had the same problems here in Texas, TW was the worse, good for nothing services we had. My mother in law have a “touch” of dementia, and she was scammed by Jamaicans Lottery. The FBI advised us to install cameras, so we did. The worse deal we took. Never works, internet unreliable, in 3 years we spend thousand’s and thousands, we need the cameras tree times, and did not work cuz the internet was down.
Do you want to get their attention? File a complaint with the Better Business Beau. I filed one a few days ago and corporate was calling me the next morning to see how they could resolve it. I’m about to file a complaint every time it happens. That should get their attention. They need to update their lines or let cox in.