MY CLASS ACTION CAN AFFECT YOUR RIGHTS!!!!
I signed up for Comcast at the end of 2008. Throughout 2009, like many of you, I was unable to receive all the channels I was paying for from Comcast. After a year of being told "a manager will get in touch with you," on December 2, 2010, I was forced to file a claim against Comcast with the American Arbitration Association ("the AAA"). I could not take them to court because, like 14.7 million other customers, I had an arbitration agreement forcing me to use the AAA (according to Comcast, only 18,000 customers have "opted-out" of the arbitration provision).
On December 9, 2010, the AAA sent a letter to Comcast and myself, stating that Comcast's "arbitration provision has a material or substantial deviation form the Rules and/or Protocol [of the AAA]," and informing Comcast that the AAA must revise its arbitration provision for the AAA to hear any more complaints involving Comcast. Comcast's response? No response. The AAA and myself tried various avenues (fax, USPS, email, telephone) to inform Comcast of this complaint, but were again ignored.
On March 11, 2011, I received another letter from the AAA (also CC'd to Comcast), informing me that the AAA was refusing to hear my claim, and that "since the business has not complied with our request to adhere to our policy regarding consumer claims, we must decline to administer any other consumer disputes involving this business. We request that the business remove the AAA name from its arbitration clause so that there is no confusion to the public regarding our decision." Comcast's response? As you can see (http://www.comcast.com/Corporate/Customers/Policies/SubscriberAgreement.html), Comcast continues to defraud its customers and the American public by having them enter agreements under the assumption that there is an adequate remedy for any complaints, when in fact, there is none. Not only has Comcast defrauded myself and 14.7 million other customers (not my number, but the number of Comcast customers that Comcast represented to the court were under similar arbitration clauses), but they have had a number of court cases dismissed because the party failed to seek arbitration before going to court (even though the arbitration provision was, and remains, a sham), hence effectively defrauding the American justice system, as well.
Comcast recently removed my case from state court (of Fulton County, Georgia) to federal court(Northern District of Georgia) under the Class Action Fairness Act, claiming that the federal venue is appropriate because my claim is over $5 million. I never put a numerical value on my claim, but not only did Comcast represent to the court that the amount in controversy exceeds $5 million, Comcast stated, in their Notice of Removal to federal court, that "even taking only one month of the lowest average monthly bill...the amount in controversy would be $837.9 million." While I believe this is a gross exaggeration of the expected damages, Comcast seems to admit, finally, they have a serious issue with their arbitration agreements which could affect over 14 million customers.
If you have ever been overbilled by Comcast, waited for Comcast service technicians that never showed up (or bothered to call you to inform you they were not showing up), had complaints dismissed by Comcast customer "service," been sent to collections for amounts you did not owe, had personal property damaged by Comcast technicians, or do not like the fact that Comcast fraudulently induced you into entering an agreement under the pretense that you would have a recourse to address complaints, please share this post with others. If enough people find out about this lawsuit, maybe Comcast will open its eyes and change its arbitration clause. I am doing this for every Comcast customer who has been screwed over and left with no recourse. Thank you in advance for your support.