What is Digg?127 Comments
- dpatel, on 02/28/2008, -3/+125comcast is evil. They have been caught red handed imposing on consumer privacy rights and working with govt. agencies to spy on consumers illegally.
- putergirl, on 02/28/2008, -2/+77Some of us have no choice, they are kinda a monopoly now
- dupswapdrop, on 02/28/2008, -3/+37Sue them till they die!
- SilenceGold, on 02/28/2008, -3/+31### Local Mirror ####
Gilbert Randolph LLP Announces a Class Action Lawsuit
Complaint alleges that cable company misled customers about "unfettered" Internet access
February 20, 2008
FOR IMMEDIATE RELEASE
CONTACT: August J. Matteis, Jr.
202.772.1923
matteisa@gilbertrandolph.com
Ellen R. Katkin
202.772.1960
katkine@gilbertrandolph.com
Gilbert Randolph LLP Announces Class Action Lawsuit Against
Comcast of the District, LLC for Misrepresentation and False Advertising
Complaint alleges that cable company misled customers about "unfettered" Internet access
Washington, DC (February 19, 2008)—Gilbert Randolph LLP announced today that it has filed a class action lawsuit against Comcast of the District, LLC in the Superior Court for the District of Columbia on behalf of its client, Dr. Sanford Sidner, and all citizens of the District of Columbia who have subscribed to Comcast's high-speed Internet service during the past three years. The Complaint alleges that Comcast advertises and represents that it provides the "fastest Internet connection" and "unfettered access to all the content, services, and applications that the Internet has to offer." These representations allegedly are false because Comcast intentionally blocks or otherwise impedes its customers' access to peer-to-peer file-sharing applications.
According to the Complaint, Comcast surreptitiously impersonates the computers of users attempting to share files and sends forged "reset packets" that instruct the transmitting computers to stop sending data. Thus, users of peer-to-peer applications are denied full access to the Internet despite paying for a service that Comcast promises is "unfettered" and the "fastest" available.
"Comcast promises that it does not block access to any online applications, including peer‑to‑peer services, but then it turns around and does exactly that," said Gilbert Randolph's August J. Matteis, Jr., attorney for the plaintiff. "Comcast deliberately hinders customers from getting the full benefits of the service they purchased, and it does so in an underhanded and deceptive manner."
Dr. Sidner, the named plaintiff, claims that his service frequently stops or slows to a crawl when he uses file-sharing applications. "I've been a Comcast customer for several years, and I feel betrayed. I'll bet most paying customers out there have no idea that Comcast is secretly blocking and slowing down their high-speed Internet service. It cuts at the heart of the service we all purchased. It's just outrageous behavior."
Over the past several months, Comcast repeatedly has denied that it blocked or "throttled" peer‑to-peer exchanges. It finally admitted the existence but not the extent of its activities in a recent filing with the Federal Communications Commission. Comcast came under fire last week after it attempted to defend its service-limiting practice by stating that peer-to-peer applications place "excessive burdens" on its network. BitTorrent, the company that created the dominant protocol for file-sharing, reacted angrily, noting that Comcast's actions are anti-competitive.
"This lawsuit demonstrates that consumers are rightfully outraged over Comcast's secretive bait‑and-switch tactics," said Markham C. Erickson, the Executive Director of the Open Internet Coalition. "The company's behavior already has attracted the attention of the FCC and Congress. Now the courts are involved. If Comcast doesn't change its behavior, the word 'Comcastic' is going to become a synonym for fraud."
For more information about the lawsuit or to receive a copy of the Complaint, please contact Brian Weinthal at (202) 772-1930.
About Gilbert Randolph LLP
Based in Washington, DC, Gilbert Randolph LLP is a law firm that represents a wide range of clients, including corporations, partnerships, non-profit organizations, and individuals in complex disputes, including high-stakes litigation, class actions and ADRs. Best known for representing policyholder interests in insurance coverage matters, Gilbert Randolph LLP also has an active public interest practice that specializes in complex multi-plaintiff actions involving cutting-edge issues.
### - faizal5k, on 02/28/2008, -2/+26good...***** Comcast!
- chrystie69, on 02/28/2008, -4/+26And this is why I don't use Comcast...never have actually
- inactive, on 02/28/2008, -2/+22Lets just remember that it is not only Comcast doing this. Time Warner is also testing a new pricing scheme based on bandwidth usage in Texas. So, let this be a CLEAR warning to Time Warner to cease and desist! TW openly advertises against DSL stating that if a customer wants faster speed FOR DOWNLOADING MUSIC AND VIDEOS, then they should switch from DSL to Time Warner.
- InferiorWang, on 02/28/2008, -1/+19Comcast may be evil, but at least they let my downloads through. I recently spent 6 months back at home with my mom using AT&T DSL. Not only were torrents blocked completely, but many legal Linux isos were also blocked. I once tried to download an Ubuntu iso 5 times from 3 different computers on our connection because I couldn't believe that they would purposefully stop a legal download when it reached 95%, but they did. So Comcast may suck, but there aren't enough swear words to to fully my hatred for the alternative.
- qwertydvorak, on 02/28/2008, -0/+18YAY!!! customers will get a coupon for $20 off service while lawyers make millions......
- MasterThief117, on 02/28/2008, -1/+17Somebody I know told me they love Comcast, and at that point, all I could do was *facepalm*
- sljepi, on 02/28/2008, -0/+15Finally someone with guts to sue the greedy bastards. I hope thousands join in on this class action lawsuit.
- Divals, on 02/28/2008, -3/+17*Waits for the usual 'of course u have a choice, u could go to dialup!!1one'*
- counterplex, on 02/28/2008, -1/+14lol you don't know what you're talking about :) Wait till you actually try out dialup again - you'll be so miserable you'll do anything to go back to comcast :) This coming from someone who can't wait for FIOS to finish digging the neighborhood up and start providing service.
- barandon0D9, on 02/28/2008, -2/+14Comcast will trick the computer you are downloading from into thinking that its your computer. It will say there has been an error (there hasn't) and the connection has to be reset. So instead of a smooth download, it keeps having to restart.
- CoolWind, on 02/28/2008, -2/+14ATT is the face of the devil
- inactive, on 02/28/2008, -1/+12DIE COMCAST!!!
- Coretron, on 02/28/2008, -0/+11Comcast actually admitted to hiring people to fill seats at the FCC hearing so that people couldn't watch it. http://abcnews.go.com/Technology/wireStory?id=4354 ...
FiOS is coming soon to my area Commycast! Say your prayers! - RAEP, on 02/28/2008, -0/+11I guess I'll be getting in touch with these guys. My upload seems to be throttled to about 40kb/s over bittorrent.
YOU'RE GOING TO PAY FOR MY POOR RATIO ON WAFFLES, COMCAST.
I GUARANTEE IT. - Audacitor, on 02/28/2008, -0/+11FTA: "If Comcast doesn't change its behavior, the word 'Comcastic' is going to become a synonym for fraud."
You know what? Let's do that. From this point henceforth, let 'comcastic' be synonymous for fraud, and crap, and anything really, so long as it has a negative connotation.
"OMG jess shes such a comcastic bitch :P" - DCB360, on 04/11/2008, -0/+10I thought that telecommunication companies were immune to being sued for traffic control?
Maybe it was just for spying on us.
got to love the telecoms. - InferiorWang, on 02/28/2008, -1/+11oops, I missed a word. "Illustrate my hatred" is what I meant.
- JakeWins, on 02/28/2008, -5/+15This truly is important - if comcast gets away with this, surely it will inspire other ISP's to start filtering out content too. I'm not sure how these practices would be considered illigal though - unless they are breaking some contract with it's users. You can't sue a company just because of unethical behavior.
I still don't know exactly what it is they are blocking.. is there a list or something? - MODAT, on 02/28/2008, -2/+12good..i hope those blood thirsty ***** rot.
- oep4, on 02/28/2008, -2/+11sweet, send me a check.
- hadak, on 02/28/2008, -1/+10This is the reason I cancelled my Comcast service. How do I get in on the lawsuit?
- inactive, on 02/28/2008, -2/+11The Internet 1999 as predicted in 1967...Apparently Karen didn't have Comcast...
http://www.youtube.com/watch?v=lOOdbdhOr1w - churchwin88, on 02/28/2008, -4/+13......................................__..................................................
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......................f`-,.........`-,/...*-,___,,-~*....,-*......|...`-,................ - Jonathan360, on 02/28/2008, -2/+11wow that just wrong and they know it, another reason why i dont use comcast
- Tenoq, on 02/28/2008, -1/+9It could also be illegal if the infrastructure is regulated, and the ISP is breaching those operational regulations.
- JulyZerg, on 02/28/2008, -1/+9Man, comcast needs to LOSE this case. We need net neutrality!
- cidman2001, on 02/28/2008, -0/+8Hooray...I've been talking about ISP's false advertising for years. If I pay for the advertised (pick your speed) I should be able to use it as I see fit. The term "excessive bandwidth" is the ultimate oxymoron and is a completely vague way for the ISP's to punish power users and file-sharers. If I sign up for 5meg service, how can I exceed that. Am I somehow squeezing 7meg service from them fraudulently? The bottom line is they aren't willing to invest in the infrastructure necessary to deliver the sservice advertised. Hence, the false advertising claim.
- Coretron, on 02/28/2008, -0/+8Did you hear that Comcast admitted to hiring "seat fillers" so no one could get in to watch the hearing??
No end to when this POS company will do.
http://abcnews.go.com/Technology/wireStory?id=4354 ...
I have a reoccurring dream where I wake up, walk out to my front door and find a "FiOS is now available" flyer.
Verizon actually came out and said that the cable companies are doing this because they are reaching the limits of their old technology... a problem Verizon's fiber network will never have. - theblacknight, on 02/28/2008, -1/+6You apparently didn't notice the bit about forged reset packets...because I don't recall ever signing to anything that said that was ok.
- diggrim, on 02/28/2008, -1/+6ISPs should be moved to Common Carrier status: http://en.wikipedia.org/wiki/Common_Carrier
- jjmckay, on 02/28/2008, -1/+6You say we need net neutrality but this lawsuit shows that there are alternative methods of dealing with Comcast filtering. How about saying instead "We need a free and open Internet access market!"
This is a local government issue. Go to your county offices and demand that their monopoly agreements with Comcast have Network Neutral-like legalese written in. Remember Comcast is NOT a free market entity! They are a good example of corporatism, not capitalism.
There's another method to what Net Neutrality advocates demand, and that is an open market system and that is what we don't have today with county governments backing Comcast monopolies. - jjmckay, on 02/28/2008, -1/+6Hmm.. So Net Neutrality isn't absolutely necessary? Say it ain't so! ;)
I just mean to say that sueing them on false advertising is a different, and yet completely valid, way to approach their increasingly unpopular filtering practices. It will stain their reputation and may move customers to DSL or alternatives, if available. If alternatives aren't available, go to your county offices and demand that their monopoly agreements with Comcast have Network Neutral-like legalese written in. Remember Comcast is NOT a free market entity! Their survival in their current form depends on your county government (and you) lying down on your backs and taking it like the little bitches you are. :)
There's no need for federal involvement and regulation of the Internet. I say this because often the regulated benefit by the regulations in unpredicted ways. I also believe in an open market system and that is what we don't have today with county governments backing Comcast monopolies. - nfiedel, on 02/28/2008, -1/+6I think you're confusing things olbap. Tiers of service != Outright blocking of applications. If Time Warner wants to sell several tiers of service, while they may not make you a happy customer, they're within their rights to do so. It sucks if they're a local monopoly, but that's not comparable to what Comcast is doing.
Let's say you get the theoretical & low-size 1G/mo Time Warner plan. You can still download on BitTorrent a few (legal) bit torrent files and do a lot of web browsing for 1G.
What Comcast did was craptastic. They lied in their advertisements. They deceived their users, the public, and the FCC. They broke the fundamental level playing field of the internets.
Even with a lowly (fake) 1G/mo Time Warner account, so long as network neutrality is followed, you're free to download via BT, watch video on YouTube, or game on any MMORPG you want, until your paid-for bandwidth cap runs out. - stutimandal, on 02/28/2008, -0/+4It had to happen. They were acting important and invading privacy.
- nthitz, on 02/28/2008, -0/+4Has no one else noticed the irony in the description and the events that occurred at Harvard recently?
- xdevit, on 02/28/2008, -3/+7If Bush gets his way this lawsuit won't fly. As if passed they will be given immunity for pass and future blocking, spying, shaping.. out of National Security. I'm willing to bet if that happened they could easily say what they were doing was top secret and it was being used to hunt terrorists. And Comcast and other telcos would be immune to almost any suit as long as they say its for National Security.
Also its going to become pretty interesting come this time in 2009 as a lot of people will be hogging bandwidth for their HDTVs. In my area we have already had issues with not enough bandwidth. telcos just need to wake up and realized that the bandwidth issue is their problem not ours. I pay $130 a month TV and internet, not to mention the taxes that I paid that funded this upgrade the US for HDTV for the past 3 years (which was supposed to be final in 2005). My guess is that they arn't ready so they have to throttle internet connections so that HD will work.
Sorry for the rant. Getting a bit fed up with Comcast and their ***** service and then hearing story after story about slimy stunts they pull. I have no proof but I believe they have also been just killing modems. As of about a month ago I no longer use XboxLive or play CS and BF with out getting dropped atleast one time during play. That said please don't reply with "your line is bad, your modem is bad, your router is bad" Why ?.. new line, new modem, and I rented... a new router for a few weeks with the same result. - HonoredMule, on 02/28/2008, -0/+4You're right, they won't. You're fresh out.
- cnot3, on 02/28/2008, -0/+4Give em hell kid, give em hell.
- BrownV, on 02/28/2008, -0/+4I'm surprised this hasn't happened sooner. I truly hope that this is the beginning of many suits against comcast.
I had never had to deal with them until I moved to the Seattle area. And now they are the only provider I can go to at the moment. I had heard they were horrible before having them. But since Ive had them Ive gone through 4 of their DVR's and the internet service price got jacked up and my connection speed has slowed to a crawl and never returned. Soon as I have the option to leave them I will be bailing out - RonBurgundy76, on 02/28/2008, -0/+4Music is sound... kinda hard to steal that. Also, you're an *****.
- inactive, on 02/28/2008, -0/+4I think the whole 'because they stop you from breaking the law' argument is a bit flawed. First, p2p can be used for legal purposes. Second, when did Comcast become deputized to enforce copyright law? Third, Comcast doesn't care about what is being transmitted, only that it takes up bandwidth. This is bandwidth that they use to sell their service to new customers, but don't actually want or allow them to use. That is the dishonesty that most people are up in arms about. It's like a vacation brochure mentioning the beautiful swimming pool, but not mentioning there is no water in it. I think you need to get some perspective yourself before you disparage anyone else.
- Cherubim, on 02/28/2008, -0/+4What do you expect from CONCast ? You're all being screwed.
- theblacknight, on 02/28/2008, -2/+6Presumably you also live somewhere that has alternative broadband access.
- DavidinBoston, on 02/28/2008, -0/+3Comcast is so full of crap. Last year, when we signed up for broadband, the first 6 MONTHS the wireless router dropped out 5-6 times a day, and we had to "unplug and replug" the thing ad nauseum. Dring this time, we obviously had them come out and replace everything, but that resulted in no more than a SLIGHT improvement of less drop-offs. But, after about 6 months of this nonsense, the service started working pretty damn flawlessly. NO DROP OFFS have occurred over the past 6 months. Nothing different done on our end, just NO MORE DROP OFFS.which tells me it was never the router to begin with. Their service people also suck by the way. Comcast's Photoshow for photo editing only recognizes one person's pic file on my computer, rather than all users'. The customer service people had NO IDEA how to resolve that. Then another said that it is SUPPOSED to only work on one user. Then another person said it is SUPPOSED TO WORK ON ALL USERS. Meanwhile, Comcast video mail works on ALL users, so why not Photoshow?
- astrotrain, on 02/28/2008, -0/+3I look at this way... if everyone leaves Comcast they will go under. If Comcast gets sued, guess who is going to be paying their legal fees?... yes the Comcrap customers, there will be a small raise in cable services that will not be noticed at first, and then it will slowly increase over time.
This is why I suggest as soon as FiOS comes to your area, jump off the Comcast bandwagon. - speakerfordead, on 02/28/2008, -2/+5In Soviet Russia...
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