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                            <title><![CDATA[ Latest from Next TV in Class-action-suit ]]></title>
                <link>https://www.nexttv.com/tag/class-action-suit</link>
        <description><![CDATA[ All the latest class-action-suit content from the Next TV team ]]></description>
                                    <lastBuildDate>Tue, 05 Mar 2019 14:51:31 +0000</lastBuildDate>
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                                                            <title><![CDATA[ Comcast Install Contractor to Pay $7.5M to Settle Technician Suit ]]></title>
                                                                                                                                                                                                <link>https://www.nexttv.com/news/comcast-settles-technican-suit</link>
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                            <![CDATA[ Comcast Install Contractor to Pay $7.5M to Settle Technician Suit ]]>
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                                                                        <pubDate>Tue, 05 Mar 2019 14:51:31 +0000</pubDate>                                                                                                                                                                                                                                <category><![CDATA[Technology]]></category>
                                                                                                <author><![CDATA[ daniel.frankel@futurenet.com (Daniel Frankel) ]]></author>                    <dc:creator><![CDATA[ Daniel Frankel ]]></dc:creator>                                                                <dc:description><![CDATA[ http://cdn.mos.cms.futurecdn.net/7wBJVmzcn7E9PQZWPFQsH7.jpeg ]]></dc:description>
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                                <p><em>Correction: An earlier version of this story incorrectly stated that Comcat had agreed to pay part of the settlement. </em></p><p>A Northern California-based Comcast installation contractor, O.C. Communications, has agreed to pay $7.5 million to settle a class-action suit filed by 4,500 technicians who claimed they were coerced into underreporting their work hours.</p><p>The workers claimed they faced pressure to underreport how many hours they worked and also to fudge meal breaks they didn’t take. Workers also said they had their time cards manipulated and were not reimbursed for expenses.</p><p>The suit was filed against Comcast installation contractor O.C. Communications in California, with Comcast later added as a defendant. The suit alleges that the defendants flouted the federal Fair Labor Standards Act and also California and Washington state labor law</p><p>Subscription legal news platform <a href="https://www.law360.com/employment/articles/1135000/comcast-contractor-inks-7-5m-deal-in-technician-wage-row">Law360</a> reported the settlement, which was carved out through a mediation process.</p><p>“The gross settlement amount of $7,500,000 ... represents more than 86% of the approximate $8.7 million that we calculated in unpaid wages that would have been owed to all class members if each class member had been able to prove that he or she worked 2.5 hours off the clock in every workweek during the relevant time period,” the workers said.</p><p>Comcast didn’t immediately respond to MCN’s inquiries for comment. </p>
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                                                            <title><![CDATA[ Comcast Sued Over Video Billing Line Item ]]></title>
                                                                                                                                                                                                <link>https://www.nexttv.com/news/comcast-sued-over-tv-fees-line-item-408528</link>
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                            <![CDATA[ Comcast Sued Over Video Billing Line Item ]]>
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                                                                        <pubDate>Wed, 19 Oct 2016 14:53:00 +0000</pubDate>                                                                                                                                                                                                                                <category><![CDATA[Distribution]]></category>
                                                    <category><![CDATA[Policy]]></category>
                                                    <category><![CDATA[Business]]></category>
                                                                                                <author><![CDATA[ john.eggerton@futurenet.com (John Eggerton) ]]></author>                    <dc:creator><![CDATA[ John Eggerton ]]></dc:creator>                                                                <dc:description><![CDATA[ http://cdn.mos.cms.futurecdn.net/ETjt8sjZcQr97v7yakQ4hP.jpg ]]></dc:description>
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                                <figure class="van-image-figure pull-" data-bordeaux-image-check ><div class='image-full-width-wrapper'><div class='image-widthsetter' ><p class="vanilla-image-block" style="padding-top:56.25%;"><img id="TBpgx9F5TSPnANtSVhok9K" name="" alt="" src="https://cdn.mos.cms.futurecdn.net/TBpgx9F5TSPnANtSVhok9K.png" mos="https://cdn.mos.cms.futurecdn.net/TBpgx9F5TSPnANtSVhok9K.png" align="" fullscreen="" width="" height="" attribution="" endorsement="" class="pull-"></p></div></div></figure><p>A class action suit has been filed against Comcast over its break-out of retrans fees on customer bills.</p><p>Cable operators have been increasingly including a broadcast TV line item on bills so customers can see how much MVPDs are paying in retransmission-consent fees for those signals.</p><p>Cable operators and broadcasters have been in a pitched battle over the fees, with broadcasters saying they are just trying to recover the true value of their content after years of it being undervalued, while cable operators say broadcasters are using a government thumb on the scale to jack up prices that ultimately are passed on to consumers--hence breaking out the fee.</p><p>In the suit, filed in a California district court, a handful of Comcast subs argue that the broadcast (and regional sports channel fees also broken out) are a way to raise the price while continuing to advertise a lower price.</p><p>The suit is filled with assertions that Comcast is lying to cutomers about the price by referring to the charges as government fees or taxes--retransmission payments were created by Congress, with negotiations subject to FCC rules on good faith negotiations.</p><p>The plaintiffs say Comcast's representation of the fees is "fraudlent, unfair and intended to mislead."</p><p>“We have been working to make it easier for customers to understand what they’re paying for, which is why we list the Broadcast TV and Regional Sports fee separately on the bill and include disclaimers about them in our advertising," said Comcast in a statement on the suit. "It’s also worth noting that the complaint itself demonstrates that these fees are disclosed and that they’re not part of promotional pricing.”</p><p><a href="https://www.nexttv.com/news/comcast-introduce-150-broadcast-tv-fee-356875" data-original-url="https://www.multichannel.com/news/comcast-introduce-150-broadcast-tv-fee-356875">Comcast in 2013 separated out the broadcast fee</a> as an itemized charge, joining <a href="https://www.nexttv.com/news/find-cost-retrans-your-cable-bill-265889" data-original-url="https://www.multichannel.com/news/find-cost-retrans-your-cable-bill-265889">Charter,</a><a href="http://www.att.com/att/interactivebill/en/index.html#bill-uverse-tv-hsia-voip">AT&T's U-Verse</a>, and others.</p>
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                                                            <title><![CDATA[ Supremes Side With DirecTV ]]></title>
                                                                                                                                                                                                <link>https://www.nexttv.com/news/supremes-side-directv-395952</link>
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                            <![CDATA[ Supremes Side With DirecTV ]]>
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                                                                        <pubDate>Mon, 14 Dec 2015 17:15:00 +0000</pubDate>                                                                                                                                                                                                                                <category><![CDATA[Policy]]></category>
                                                                                                <author><![CDATA[ john.eggerton@futurenet.com (John Eggerton) ]]></author>                    <dc:creator><![CDATA[ John Eggerton ]]></dc:creator>                                                                <dc:description><![CDATA[ http://cdn.mos.cms.futurecdn.net/ETjt8sjZcQr97v7yakQ4hP.jpg ]]></dc:description>
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                                <figure class="van-image-figure pull-" data-bordeaux-image-check ><div class='image-full-width-wrapper'><div class='image-widthsetter' ><p class="vanilla-image-block" style="padding-top:56.25%;"><img id="LBH6fwpkrKQ3m7BC3L8QSk" name="" alt="" src="https://cdn.mos.cms.futurecdn.net/LBH6fwpkrKQ3m7BC3L8QSk.jpg" mos="https://cdn.mos.cms.futurecdn.net/LBH6fwpkrKQ3m7BC3L8QSk.jpg" align="" fullscreen="" width="" height="" attribution="" endorsement="" class="pull-"></p></div></div></figure><p>In a 6-3 decision, the Supreme Court has upheld a provision in a DirecTV contract that allows it to avoid a class action suit over early termination fees and instead have the dispute arbitrated.</p><p>DirecTV's service contract includes a class action waiver saying that claims have to be resolved by binding arbitration.</p><p>After they were sued by two customers in a California state court over early termination fees they said violated state law, DirecTV pointed to the arbitration provision and asked the court to send it to arbitration. The court refused, pointing to a state law that made such waivers unenforceable, apparently paving the way for a class action lawsuit, and a Federal Appeals court agreed.</p><p>But the Supreme Court ruled that DirecTV's contract waiver was enforceable nonetheless given that it had since ruled in a separate case that the Federal Arbitration Act preempts state rules that render class-action bans unenforceable.</p><p>The Supreme Court's decision Monday (Dec. 14) buttresses the practice of companies putting in contractual protections from class actions suits.</p><p>The Supreme Court opinion was written by Justice Breyer, joined by Chief Justice Roberts and Justices Scalia, Kennedy, Alito and Kagan. Dissenting were Justices Thomas, Ginsburg and Sotomayor.</p><p>Writing for the dissenters, Justice Ginsburg said it had become common for powerful companies to include such no class-action arbitration clauses and said he would have "take[n] no further step to disarm consumers, leaving them without effective access to justice."</p>
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                                                            <title><![CDATA[ Comcast Feels Heat Over Home Hotspots ]]></title>
                                                                                                                                                                                                <link>https://www.nexttv.com/news/comcast-feels-heat-over-home-hotspots-386272</link>
                                                                            <description>
                            <![CDATA[ Comcast Feels Heat Over Home Hotspots ]]>
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                                                                                                                            <pubDate>Mon, 15 Dec 2014 13:00:00 +0000</pubDate>                                                                                                                                                                                                                                <category><![CDATA[hotspots]]></category>
                                                    <category><![CDATA[Cablevision]]></category>
                                                    <category><![CDATA[class-action suit]]></category>
                                                    <category><![CDATA[WiFi]]></category>
                                                    <category><![CDATA[Comcast]]></category>
                                                                                                                    <dc:creator><![CDATA[ Jeff Baumgartner ]]></dc:creator>                                                                                                                                                                                                                                                                                            <content:encoded >
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                                <p>Comcast’s plan to light up quasi-public WiFi hotspots in millions of DOCSIS gateways in customer homes is being challenged in court.</p><p>A lawsuit claims the MSO is launching “homespots”— WiFi hotspots created by turning up secondary “XfinityWiFi” signals in home broadband routers so the signals are accessible to other credentialed Comcast customers when they’re roaming — “without first obtaining authorization.” The suit claims the program poses security risks and degrades broadband performance.</p><p>The suit, filed Dec. 4 in U.S. District Court for the Northern District of Cal ifornia by two plaintiffs — Comcast subscribers Toyer Grear and Joycelyn Harris — are seeking classaction status, arguing in part that Comcast’s homespot approach violates the U.S. Computer Fraud and Abuse Act.</p><p>“Without authorization to do so, Comcast uses the wireless routers it supplies to its customers to generate additional, public Wi-Fi networks for its own benefit,” the suit claims.</p><p>The Comcast homespots are currently set up as “opt-out,” meaning that the routers support the practice by default. Some Comcast customers, however, have said on the DSL Reports message boards that it’s difficult to stay out of the program, even after they’ve opted out. Whenever Comcast issues firmware changes to its routers, the devices revert back to the default state of broadcasting the secondary Xfinity WiFi signal. Consequently, those customers report they’ve kept the default settings to avoid the hassle.</p><p>Comcast, which aims to deploy 8 million WiFi hotspots by the end of 2014 via routers installed in homes and commercial venues, disputed the suit’s claims, holding that its homeas- a-hotspot program is beneficial to customers and that subscribers have always had the ability to turn off the capability.</p><p>“We disagree with the allegations in this lawsuit and believe our Xfinity WiFi home hotspot program provides real benefits to our customers,” a Comcast spokesman said in a statement. “We provide information to our customers about the service and how they can easily turn off the public WiFi hotspot if they wish.”</p><p>Comcast announced its neighborhood WiFi hotspot initiative in June 2013.</p><p>Comcast’s WiFi FAQ notes that the gateway’s private and public-facing SSIDs use separate service flows and “therefore anticipate minimal impact to the in-home WiFi network.” The document acknowledges, however, that WiFi, which is a shared resource, could be subject to “some impact as more devices share the network.” Data usage via the secondary SSID does not get applied to the home customer’s monthly totals.</p><p>The lawsuit’s plaintiffs also claim that Comcast’s homespot program opens subscribers up to security risks and pushes power costs to them; they also predict Comcast will use the secondary WiFi signals to build out a wireless/mobile service that can compete with cellular carriers.</p><p>The Comcast FAQ notes that customer credentials are protected by 128-bit encryption on the sign-in page, “the same standard used by thousands of online banking and financial services around the world.”</p><p>Regarding power consumption, the suit cites a Speedify test purportedly showing that heavy use of homespots could boost the router’s electrical costs by up to 40%.</p><p>Comcast has not announced plans to use its WiFi network as a rival to cellular offerings, but there has been plenty of speculation that the cable industry could pursue so-called “WiFi-first” services that prefer WiFi and use cellular as a backup. In October, Craig Moffett, partner and senior analyst with MoffettNathanson, suggested that cable is “best positioned” to reap the benefits of such a strategy.</p><p>Like Comcast, Cablevision Systems has introduced a similar homespot strategy. The Comcast lawsuits, though, could cause other MSOs to put similar initiatives on hold until the cases are resolved.</p>
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