Print 120 comment(s) - last by FoSTeX.. on Nov 18 at 3:24 AM

Comcast's recent practices of throttling P2P traffic has finally attracted a class action lawsuit from a frustrated customer

Comcast's bandwidth limitting and peer-to-peer traffic sabatoging traffic finally caught up with the company. A class-action lawsuit has been filed (PDF) by residents in the state of California against Comcast.

Jon Hart, the plaintiff, claims Comcast Corporation committed a breach of contract by violating Covenant of Good Faith and Fair Dealing, the Business and Professions Code section 17200 and 17500 and the Consumer Legal Remedies Act by practicing the management of P2P-based traffic including throttling bandwidth and "transmitting unauthorized hidden messages to the computers of customers who utilize such applications."

The class-action includes "all persons in California who purchased the Service [Comcast broadband Internet] between November 13, 2003 and the present and used or attempted to use peer-to-peer or online file sharing applications and/or Lotus Notes."

The plaintiff represents all persons who have used P2P and file sharing applications, but there is no mention of exceptions where copyright infringement/piracy is involved.

Hart's submission seeks contract damages for compensation of the impeded service, but does not specify an amount.

Recently, many other ISPs such as Canadian-based Bell Sympatico confessed to using traffic management to restrict access to accounts based on the type of application or protocols they are using.  However, Comcast is still the first company to get hit with a lawsuit for such practices.

Comments     Threshold

This article is over a month old, voting and posting comments is disabled

Class-action lawsuits - Argh!
By Pauli on 11/15/2007 4:40:39 PM , Rating: 2
I love these class-action lawsuits. The actual plaintiffs get nothing or close to nothing and the legal team gets millions for a relatively small number of people. In fact, I believe that this type of lawsuit is going to drive up costs and make broadband access actually more expensive because of the litigation costs.

RE: Class-action lawsuits - Argh!
By TomZ on 11/15/2007 5:16:57 PM , Rating: 2
On the other hand, lawsuits like this help keep these companies honest, by giving them a financial incentive to disclose the full terms and conditions and not make shady decisions behind the scenes. A multi-million dollar payout is a good incentive for a corporation.

RE: Class-action lawsuits - Argh!
By Pauli on 11/15/2007 6:19:43 PM , Rating: 1
Maybe so, but for the vast majority of "regular" broadband users, i.e. those of us that don't download 50GB a week, the prices get jacked up and the only thing we have to show for it is some bull**** disclosure -- our web surfing won't be affected at all.

"This week I got an iPhone. This weekend I got four chargers so I can keep it charged everywhere I go and a land line so I can actually make phone calls." -- Facebook CEO Mark Zuckerberg
Related Articles

Most Popular ArticlesSmartphone Screen Protectors – What To Look For
September 21, 2016, 9:33 AM
UN Meeting to Tackle Antimicrobial Resistance
September 21, 2016, 9:52 AM
Walmart may get "Robot Shopping Carts?"
September 17, 2016, 6:01 AM
5 Cases for iPhone 7 and 7 iPhone Plus
September 18, 2016, 10:08 AM
Update: Problem-Free Galaxy Note7s CPSC Approved
September 22, 2016, 5:30 AM

Copyright 2016 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki