New class action lawsuit against Comcast in Federal Court

A class action lawsuit against Comcast has been filed in Portland, Oregon alleging the company misrepresented their internet service. The suit was filed by Gilbert Randolph, which was already involved in similar actions in California, Illinois, New Jersey, and Washington DC where the firm is based.

By filing in Federal Court instead of yet another state they make they're making any settlement or decision against Comcast available to people in every state where the cable giant offers internet access.

That assumes a judge grants the suit, which was filed on behalf of Robert Topolski of Oregon, class action status. Given the large number of lawsuits currently pending against Comcast, the largest cable company in the US, that seems like a good bet.

Alyson Foster, an associate at Gilbert Randolph, said �Comcast surreptitiously installed receiver packets to keep people from using file-sharing programs when it promised it wouldn�t. Of course the competition is fierce in telecommunications, but they were trying to get an unfair leg up,�

Foster characterized Comcast's practices as an attempt to make their internet service seem better than it actually was at the expense of P2P users. �Comcast surreptitiously installed receiver packets to keep people from using file-sharing programs when it promised it wouldn�t." said Foster. "Of course the competition is fierce in telecommunications, but they were trying to get an unfair leg up,�

Written by: Rich Fiscus @ 23 Jul 2008 13:32

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11 comments

lynchGOP

�Comcast surreptitiously installed receiver packets"

I wonder if these "packets" are those that are found in their BS garbage software that attaches itself to every browsing aspect of a computer. If so then I and anyone I consult are safe but and hopefully they aren't inherent in the system.

23.7.2008 14:00 #1

babyzuare

What the heck are you people talking about

I am aware that American English has a lot of words to utilize

But some dumb lawyer using a word no one has any knowledge of seems like a weak attempt to portray intelligence

Lawsuits of this type are ambulance chasing and will only raise the rates for paying customers in the end if anything results from this non-sense of data farming and large ISP's battling on the Internet front

Isn't traffic profiling millions of people and trillions of files still new ground?

Why is Comcast not allowed to try and keep network traffic sane for the non-data farmers on the public nodes?

I have had Comcast for many years and the internet is not a problem at all - I dont even utlilize the advertised bandwidth because there is no need even in the gaming world

Of course I am not pirating illegal files like many are

Hence no gripes from me on this topic

If you dont like a paticular ISP service get another one!
If there is no competition in your area then get with your local government and push for some assistance
Or kiss Comcasts hand for investing in the infrastructure in your area so you could have high speed bandwidth

Why waste our time suing?
and the legal systems time dealing with your non-sense witch hunts?

Boo these lawsuits and all the finger pointing

What we need is an effort to keep the pressure on ISP's to not have too much control - but try to be reasonable people - it is their network and these are entertainment lines

The Internet is not owned by everybody

And Comcast has a responsibility to many entertainment industries by discouraging the heavy illegal file sharing that has exploded the past 5 years

Grow up and pay for your crap

23.7.2008 14:25 #2

ugc

FYI: File sharing is NOT an illegal act.

23.7.2008 14:46 #3

gallagher

Quote:By filing in Federal Court instead of yet another state they make they're making any settlement or decision against Comcast available to people in every state where the cable giant offers internet access. I look forward to getting my $5.00 discount while the attorneys walk away with millions.

23.7.2008 15:18 #4

H_Seldon

You might like this - http://www.geeksaresexy.net/2007/10/25/b...comcast-fiasco/

I'd cancel my Comcast service immediately and find any other service until they get the message.
We need to send a message to all ISPs that interfering with our P2P or BitTorrent applications, by fraud or otherwise, will not be accepted without a major fight.

23.7.2008 17:13 #5

Azuran

@babyzuare

There are a few problems with your post.

First, not everyone has a zillion options when it comes to high speed internet.

Second, I am in agreement that it is morally (if not legally) wrong to download copyrighted content without paying for it. But it is even worse to combat that with illegal tactics of your own. Invasion of privacy and false advertising are much worse crimes and I hope comcast gets goatse'd.

23.7.2008 18:11 #6

Run4two

I was in agreement with most of what babyzuare said until "Comcast has a responsibility to many entertainment industries." Wrong!!! Comcast has a responsibility to their paying customers on delivering what services they've been payed for!

23.7.2008 18:24 #7

xSModder

the fact that we are downloading illegally has nothing to do with it.

there are still legal choices to take that is in fact distributed through P2P. and when it's Comcast or the local dial up, you really think I want to change?

23.7.2008 18:26 #8

susieqbbb

Ok here is the mess as it stands.

Comcast does Limit speeds during the day however at 1:00am to 5:00am they don't this is when most people are downloading illegally to avoid the Riaa and Mpaa however comcast caught on to this and started limiting services during the night time as well i find this funny though you go after comcast for limiting services. BUT!!!!!!

You do not go after Qwest or direct tv's satelite internet service which limits users to 3 gig downloads per month

i find this funny.

You go after one company for false advertising you should go after them all.

Vonage for instant they tell you they can get ypu phone service for only 24.99 a month what they dont tell you is this little nasty fact on your bill.

Standard service:$24.99
911 service must pay for by law:$5.99
communication taxes:10.00

By the time you get done you spent nearly $40.00

Companys should be held responsible for there actions.

23.7.2008 22:38 #9

Blackjax

^^^^^^^^^^^^^^^^^^^^^^^^^
Not to mention the fact that you need a high speed internet connection for it to work. Add in the cost of your connection and it could be anywhere from $60-90 a month for plain old telephone service. Hmm sounds like a bargain to me! oo ooooo... oo oo oooooo...

24.7.2008 00:25 #10

rtm27

@babyzuare

If you dont like a paticular ISP service get another one!

Now, how are we exactly supposed to do this? Most parts of the country are serviced by either Comcast OR Time Warner. In the past 5 years, my bill has been raised from around $22 a month to almost $40 a month. I have no choice but to pay for the higher fees. The only competition is to go back to dial-up.

If there is no competition in your area then get with your local government and push for some assistance

And what can local government do? Not one little thing. They have no power to regulate high speed internet.

You say you have had comcast for years, have they raised your rates? Have you seen better service since then?

I hope they win their suit, but all it comes out is a small rebate for the consumer and big money for the lawyers.

5 years ago, a group filed suit against time warner for charging a rental fee on their cable modems and not letting them use their own. The result was that you could use your own cable modem, you would be responsible if their was a problem with it, and you would get a $5 credit on your bill.

24.7.2008 00:58 #11

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