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Time Warner Cable Road Runner Internet Throttling Class Action Lawsuit
By Matt O’Donnell
A federal judge has ruled that Time Warner Cable (NASDAQ: TWC) must face a class action lawsuit alleging that it deliberately limits bandwidth, or “throttles,” its Road Runner Internet service to limit subscribers’ use of peer-to-peer (P2P) file-sharing networks like Skype, BitTorrent and Gnutella. This practice of throttling, the class action says, not only damaged subscribers’ computers, but also caused them to pay more than double the fees that Time Warner’s competitors charged for a service that was not nearly as fast as promised. Plaintiffs in the Time Warner Cable class action lawsuit say they paid up to 100 percent more than competitors charged because of misleading advertisements about Road Runner’s “blazing speed” that made it the “fastest, easiest way to get online.” Time Warner assured customers that its service offered “up to 3 times the speed of most standard DSL packages and up to 100x faster than dial-up,” according to an ad quoted in the Time Warner Cable class action lawsuit complaint.
“These representations allowed [Time Warner Cable] to charge consumers a premium of up to more than 100% of the fees charged by its competitors,” the Time Warner Cable throttling class action lawsuit states. “Had [Time Warner Cable] disclosed that its Road Runner service did not live up to the advertised descriptions, or that it would intentionally interfere with their Internet access, Plaintiffs would not have paid a premium for the service.”
The Road Runner Internet class action lawsuit claims that Time Warner Cable’s conduct “was motivated by a desire to maximize its profit. Defendant misrepresented the qualities of its service in order to lure subscribers into paying a premium price, steer consumers to its added-price content by throttling access to similar content available for free elsewhere on the Internet, and avoid the costs of infrastructure upgrades by throttling transmissions while recruiting additional customers.”
The Time Warner Cable Road Runner Internet Class Action Lawsuit is brought on behalf of a nationwide class of persons who subscribed to Time Warner Cable’s Road Runner Internet service from November 7, 2003 to the date of class certification. It is seeking damages for Class Members for violations of the Consumer Fraud and Abuse Act (CFAA), Breach of Contract and Unjust Enrichment.
The case is Jessica Fink, et al. v. Time Warner Cable, Case No. 08-cv-09628 (LTS)(KNF), United States District Court, Southern District of New York.
Updated September 12th, 2011
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15 thoughts onTime Warner Cable Road Runner Internet Throttling Class Action Lawsuit
please include me to the “CLASS ACTION SUIT”
TIME WARNER ILLEGAL OVER CHARGING OF MONTHLY SERVICE. VIOLATION OF :
1.FDCPA
2.ILLEGAL DISCONNECTING OF SERVICE
I want to be a part of the “Class Action” lawsuit against Time Warner for lying about my bill payments and restructuring how they have been billing me and the lack of quality of there services. It’s a shame that so many consumers are affraid to speak therir minds of unfairment that they continue to do what they want to consumers
Just moved and got TWC. They are throttling me like crazy. my old isp never use to do this, they provided the service I paid for. This is not only deceptive, it is theft. Time Warner is taking my money and not providing the service agreed upon.
This case was dismissed.
I would also love to be a part of this lawsuit. Does anyone know who the lawyer is or the law firm involved? Thanks.
Edit to earlier post – the last part should be … “”The site has download SPEEDS of over 1 Mbps…””.
I just wish our delusional, senility-addled, crooked joke of a court system would force Time Warner and All of the lying, cheating internet providers stop this thievery now! They know the courts won’t do anything about this boondoggle even though the proof is obvious, over-whelming, and undeniable.Time Warner recently took over my cable/internet services, and they throttle my “up to 10 mbs”service so badly that I can only watch a very few minutes of video on ESPN, Butterscotch, YouTube, Hulu, etc. before my connection slows to a crawl, and the videos spend more time buffering than playing.When I try to download software of more than two megs, they choke it down to between 15 and 40 kilobytes. The most recent, obvious example- today it took me over an hour and a half to download Nitro PDF from the developer’s website. (The site has downloads of over 1 Mb; an acquaintance with a different cable company downloaded the same software on the same early morning -before 5A.M.- in under 2 minutes. )
I want to be part of this settlement too! Cheaters are throttling my bandwidth like crazy!
any body know how can I be part of this settlement