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.

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RE: I can't wait...
By geeg on 11/15/2007 4:52:15 PM , Rating: 5
then, Comcast must point out that the service they provide is not UNLIMITED but has xxGb limit monthly.

RE: I can't wait...
By clovell on 11/15/2007 5:04:04 PM , Rating: 2
Fair enough.

RE: I can't wait...
By xsilver on 11/15/2007 5:32:32 PM , Rating: 2
This kind of lawsuit has already been done in australia.
Dodgy companies were advertising 10gb / month as "unlimited", this kind of stuff is not happening anymore.

I think comcast are implying that if 99.9% of the population deem it as unlimited, its good enough to advertise it as unlimited?!

RE: I can't wait...
By drivendriver on 11/15/07, Rating: -1
RE: I can't wait...
By room200 on 11/15/2007 7:28:53 PM , Rating: 5
I don't think Comcast guarantees a certain bandwidth. The advertised bandwidth numbers are peak bandwidth numbers. Notice the "up to" before the bandwidth numbers in the ads.

I have a proposal. My monthly bill is around $60.00. I propose that I should be able to pay them "up to" $60.00 per month.

RE: I can't wait...
By mindless1 on 11/15/2007 8:30:13 PM , Rating: 2
Notice they advertise "up to", not "throttled down from".

If a customer is not happy s/he should get money back in addition to having an option to switch but the fact is some people don't have but one viable broadband option and the issue is not just about Comcast doing it but that any ISP would.

RE: I can't wait...
By Grast on 11/16/2007 12:04:45 PM , Rating: 2

The service contract with Comcast is at will. As such, a consumer can cancel at anytime. However, no money is due to the consumer because Comcast met it requirements spelled out in the terms and agreements.

I know that pesky service contract ruins you idea. But that is living in the real world.


RE: I can't wait...
By mindless1 on 11/16/2007 10:53:46 PM , Rating: 2
Likewise with Comcast, they can cancel if they like but not take the money then actively prevent bandwidth advertised!

I know that must ruin your idea too.

RE: I can't wait...
By borowki on 11/15/2007 7:34:34 PM , Rating: 2
What next? Forbidding business from using the phrase "satisfaction guaranteed?"

RE: I can't wait...
By darkpaw on 11/15/2007 10:25:28 PM , Rating: 2
You must have missed the nut case administrative judge in DC that sued a dry cleaners for $54 million for losing his pants while posting a "satisfaction guaranteed" sign.

So glad he didn't get squat, but the family still got screwed going through that ordeal.

RE: I can't wait...
By poweruserx83 on 11/16/2007 6:35:08 AM , Rating: 2
I took a moment to think about this and I think I would support this..

"Spreading the rumors, it's very easy because the people who write about Apple want that story, and you can claim its credible because you spoke to someone at Apple." -- Investment guru Jim Cramer
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