mchambers3
join:2002-03-12
Stafford, TX
 ·EarthLink
 ·Comcast
| Interest in Class Action Lawsuit vs. Comcast
I'm posting to gauge interest in the potential of a class action lawsuit should Comcast persist in its stated and suggested directions.
I think the issues involved have been thrashed about in other threads quite well enough, and I'm sure that there are Comcast advocates that do not (and never will) support this course of action. While I respect your right to a differing opinion, I'd like to ask that you post those opinions on one of the other threads and allow this thread to focus on this particular topic. Alternatively someone may wish to start another thread focused on the reasons others may believe this to be a horrible and misguided idea.
The following is not intended to be an exhaustive set of interrogatories; in fact, I'd appreciate it if others would post additional questions that should/could be considered.
1. Do you believe that Comcast's advertisements in your areas have misrepresented the capabilities of the services they provide?
2. What have you observed your minimum, maximum and average speed to be on Comcast's service? Are these results documented to your account on Broadbandreports.com?
3. Have you called Comcast customer service regarding lower than advertised speeds via your subscription? If so:
a. What was their response?
b. Did they offer a credit or some other sort of accommodation for their failure to deliver advertised service levels?
c. Have you observed any specific efforts on Comcast's part to resolve low speed and/or throughput?
d. Were causes of low performance traced in whole or in part to wiring, computer or configuration problems not involving Comcast's equipment or service?
e. In your discussions with Comcast customer service, were you given information which you know to be inaccurate, incorrect or misleading.
4. If Comcast has recently taken over your account by way of acquisition (for example, Comcast's acquisition of the Time Warner Cable business in the Houston area),
a. have you observed any changes in the level of service and/or quality of service provided?
b. Are the Comcast terms of service different from the terms of service under which you originally subscribed via the former operator?
5. Do you subscribe to other Comcast services delivered over your cable; for example,
a. Digital Cable Service?
b. Comcast Digital Voice service?
c. Other?
6. Do you subscribe to non-Comcast services delivered over your Comcast link.
a. Vonage or another VOIP service?
b. If so, does the quality of service you receive on your third party service match that of other Comcast subscribers in your area which use the equivalent Comcast service?
c. Have you personally observed the speed effect on download when:
1. a VOIP call rings;
2. a VOIP conversation occurs?
7. Are their other comments or observations you can make that you believe to be relevant?
Thanks in advance for your input. |
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dadkins
Land of Confusion
Premium,MVM
join:2003-09-26
Hercules, CA
·Comcast
moderated:
May 10th, @05:32PM
| 1> No.
2> 16.4mbps non-PB, 35mbps during PB, 17.3mbps after PB runs out. Sure, many posts showing them. 
3> Only when they pushed Blast to the wrong modem, and when the ARRIS couldn't handle Blast.
a> They fixed it, put it back on *MY* Moto.
b> N/A
c> They fixed it.
d> Wrong modem, and ARRIS eMTA couldn't cut it.
e> No.
4> N/A
a> N/A
b. N/A
5> Yes.
a> No, analog.
b> Yes.
6> Yes.
a> No
b> N/A
c> N/A
1> N/A
2> N/A
7> Comcast works great here in Hercules, CA! Trust me, I gets mines!  
Quite welcome, Thank You! 
--
Think outside the Fox... Opera |
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ninjadude
join:2002-01-06
Winfield, IL
| reply to mchambers3
1. NO
2. 10mbps, 30mbps, 26mbps, no - why? And my upload is now 3mbps.
3. never in 3 years
a. N/A
b. N/A
c. N/A
d. N/A
e. N/A
4. N/A
a. N/A
b. N/A
5. Yes
a. Yes.
b. No.
c. eh?
6. No
a. No
b. No
c. No
7. While I think service could be improved, certainly me and a lot of other people think you are way barking up the wrong tree. |
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qwertyasdfzxcv
@blutmagie.de
moderated:
May 10th, @05:28PM
| reply to dadkins
I don't feel like answering all of your questions, but I can say that in terms of speed and reliability, I have had zero issues with Comcast. I am on the 8Mb tier with Powerboost and I NEVER have speed test results under 20Mb/s, even during peak times. Usually my speeds are between 25-30Mb/s, and once Powerboost shuts off, I hover right around 1 Megabyte a second (8Mb/s). There are occasional outages, but I've never seen them last over an hour and they are always after 12 A.M.
Please understand that I am not necessarily a Comcast fanboy attempting to promote my service. I am just an average consumer who is pleased with his service.
However, there are a few issues I have with Comcast: When I signed up for my service, I specifically requested the 8 Mb package, but instead I got the 6 Mb package, even though I was paying for 8. If it weren't for these forums, I wouldn't have known how to check my modem config file to make sure I was receiving the proper tier.
My point is that I wonder how many non-BBR computer geek types would be aware of what package they are really getting? I can't say for sure, as I have no evidence except for my individual case, but I would imagine that it is not uncommon for broadband ISP's to charge a customer for a higher tier, yet provide them with a lower one -- the average customer being none the wiser. If a customer complains about speed test results, the ISP can merely say, "Oh, it's just internet congestion." After all, they put "net congestion" in their TOS in order to cover themselves.
I am not accusing Comcast or any other ISP of intentionally misleading customers in relation to speed tiers, but it would not be hard for them to get away with. In my case, it took me having to call numerous times and speak to numerous Comcast CSR's in order for me to get my service on the proper tier. The technicians kept telling me that I was on the 8 Mb tier, but as soon as I mentioned what config file I had, they changed their tune and suddenly agreed with me. Either they didn't know or they were pretending not to know about config files; both scenarios are disturbing.
So, you have this speed tier issue and you have the P2P throttling issue. Both of these issues are serious and need to be addressed, but I think a lawsuit will be a tough sell. If a consumer isn't interested in learning how the Internet works, then I suppose it will always be their fault if they are paying for something they aren't getting.
I guess what I'm trying to say is that proving an ISP is purposely providing less bandwidth than they promise would be next to impossible to prove. After all, the Internet IS congested and speed tests are never going to be the same at all times. Even with honest ISP's, you will sometimes get speeds much lower than you purchased. |
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salwit
join:2000-12-20
Brockport, NY
moderated:
May 10th, @05:32PM
| reply to mchambers3
1= no
2= if you dont like the service go with another.. or you can always go back to dial up if you dont have fios yet. |
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rody_44
Premium
join:2004-02-20
Quakertown, PA
·Comcast
edit:
May 10th, @06:11PM
| reply to mchambers3
way to many questions. but in a nutshell i get adevertised speeds 24-7 and some. i only had a issue to even call them once in the last ten years and they resolved it to my satisfaction. by reading your post you make it clear your only looking for posts from people that have problems. but sorry you need to look at the big picture and not just the ones you want to look at. |
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PFS in Lafayette
@comcast.net
| reply to mchambers3
My service area was taken over from Insightbb.
My service since the takeover has SUCKED.
My package should be 10/1, as it was under Insight. Since the conversion my modem has been configued for 8/768 and Comcast support REFUSES to correct it. Yet my bill says I'm paying for 10/1 service. I bought a new modem at their suggestion to try and fix the problem... it did not help.
They're playing "dumb", I think. Prior to the conversion my service was rock solid and FAST - all of the time. My speed tests sucked BAD for some time after the conversion (slower than DSL). They are a bit better now, but still not 10/1 - more like 8/768 AT BEST, but usually MUCH slower. Latency sucks - 100ms+ to Chicago - it was half that under Insight. Gaming sucks.
Unfortunately there's no competition for Comcast in Lafayette. Some DSL is available, but I can only get the 768k package where I live - and I'm in town! That's not high speed internet. My prayer is that when FIOS is finished being installed in Fort Wayne they will come to Lafayette next.
Oh well. |
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mchambers3
join:2002-03-12
Stafford, TX
·EarthLink
·Comcast
| reply to qwertyasdfzxcv
Thanks for your reply and for taking the time to think about the issues.
I absolutely agree that the majority of users aren't equipped to know the difference between what they're getting and what they though they paid for.
That said, in all other parts of commerce, we don't allow firms to misrepresent a product or service. Your jeweler can sell a ring that has a few micrometers of 18 carat gold; however, if it's not 18 carat through and through, it can't be sold as 18 carat. The fact that neither of us have the assaying tools to spot the fraud doesn't make it any less deceptive.
Although I'm no big fan of the DSL carriers, I think that allowing a carrier to position itself as have a an enormous speed advantage is misleading, unfair to the shareholders in the competitive firms, and ultimately unfair to the industry and broadband customers overall. The fact is that our monthly subscription fees provide the capital to build future generations of broadband infrastructure. If other firms are using revenue to grow their infrastructure to deliver the services they market, I'd prefer to see them capture today's business to have the funds to continue to do the job.
In addition, I see marketing burst rate 6/8/12 Mbps services as FiOS is delivering 15Mbps as yet another aspect of unfair competition based on misrepresentation.
If Comcast would like to market itself as a 0.7 Mbps provider against DSL and FiOS, I'll withdraw my objections.
Meanwhile, even though I've never used anywhere near 250GB/month, if I'm going to have a pay for use contract, I want a detailed bill, just like the one I get for my cell phone. I want to see every connection, every packet size, and every source/destination IP address and port that substantiates what they say I'm using.
Thanks again for your well-thought out response!
mc |
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contractor
@comcast.net | well you may as well just cancel now then. wtf you think they are going to send out everyone 1000 page bills of every website they went on ???? get real. |
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mikedz4
join:2003-04-14
Weirton, WV | reply to mchambers3
pfs then I suggest you call them and tell them you are cancelling since they can't credit your account, fix the problem or even admit to a problem. Then go out and get DSL or Dialup for 6 months or so. |
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Anon123
@pipex.com
| reply to mchambers3
This sort of sounds like a fishing expedition...
I think if you look closely at the advertising now for Comcast they do not promise sustained speeds (merely speeds up to.)
The service has not been advertised as unlimited for sometime as well.
In regards to the cap issue I believe that is a move to actually address a class action suit brought by a sub who was disconnected and outraged by the "invisi-cap."
What exactly are your issues with Comcast out of curiosity? Perhaps others here could help you get them addressed. |
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CleanGene
Premium
join:2008-04-09
Manassas, VA
edit:
May 11th, @02:11AM
| reply to mchambers3
There is no situation so bad that it can't be made worse by introducing lawyers into the equation 
Prediction time. If successful, a class-action lawsuit will result in the following settlement:
1) The actual day-to-day usage of the Comcast HSI service will remain unchanged for subscribers, who will experience no noticeable change in their internet connection's operation, but Comcast will be forced to change the language of its TOS. Specifically, the word "and" in Part XVII, section 34, subheading B, paragraph 127, line 3463, will be changed to "or".
2) All HSI customers/class members will receive, as compensation for their horrific pain and suffering at the hands of Comcast - namely, their draconian usage policy and abysmal network conditions, which make it impossible for every single customer to simultaneously receive infinite bandwidth at all times and under all conditions, as is clearly promised by their advertising - one (1) official Comcast-issued compensation coupon. Said coupon will entitle the bearer to receive reimbursement for one (1) movie purchase ordered through the Comcast VOD system.
3) The attorneys who nobly and selflessly stand up for the interests of the little man and take on the giant anonymous corporation, boldly endeavoring to Stick It To The Man on behalf of Joe Sixbaud, will receive 1/3 of the ostensible face value of this settlement for their efforts. Oddly, they will not receive it in the form of 3.6 million VOD coupons at $4.99 apiece, but will instead accept their cut in cash. The costs of this portion of the settlement will be divided amongst all Comcast HSI subscribers, and immediately added to their bills under the heading of "Recovery Fee - $1.66".
Did I miss anything? Heck, why wouldn't everyone sign up for all that? |
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dogcacher
join:2004-07-17
Central City, PA | This is one of the lamest threads we've had around here for a long time. I shouldn't even dignify this thing with a response.
Not a thing in the world wrong with my Comcast service.
If there was I'd simply sign up with someone else. |
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lm5449
Premium
join:2001-03-31
Knoxville, TN | reply to mchambers3
I would think that this is a lawyer trying to get rich. |
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Greg_Z
Premium
join:2001-08-08
Springfield, IL | reply to mchambers3
A class action cannot happen for something that is disclosed in their TOS. |
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italiansmoke
join:2005-07-21
Monroe, MI
edit:
May 11th, @02:23PM
| reply to lm5449
"I would think that this is a lawyer trying to get rich"
I know, really! Doesn't seem like he's at all interested in trying to improve things. Just find a way to gain at others expenses/problems.
mchambers - Your "interest" seems a bit misguided or ill conceived.
Why dont you find some people in your area, who are Comcast customers, and then try to help them. |
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ykronic
Premium
join:2006-01-31
Canada
moderated:
May 12th, @06:41PM
| reply to dogcacher
said by dogcacher  :This is one of the lamest threads we've had around here for a long time. To be honest I like it. Generally when lawsuit gets brought up by someone on this site all the anons crawl out of the woodwork screaming for the company's demise.
It's good to see the majority of users in a thread have half a brain and aren't all sue-happy.
Besides if you've read his review »Review of Comcast by mchambers3 the OP just likes to hear himself speak me thinks.
edit: because I can't type |
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Greg_Z
Premium
join:2001-08-08
Springfield, IL | And you left out the part where his Caps Lock key go stuck 1/4 of the way through the post. |
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CableTool
Poorly Representing MYSELF.
Premium
join:2004-11-12
| I like the part where the IT professional cannot distinguish between his own speeds and DSL speeds as it relates to the advertisements and literature. ( you know, the ones that state exactly what tier they are comparing their service to to come up with the "10x fast then!!" claims.. Not to mention all claims state "UP TO..." )
If that is a part of what this lawsuit is based on.. I urge everyone to find another Messiah.
--
CableTechs.org/"Horrible People with Integrity" |
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whocares111
@ptd.net
 from:
Cabal
| reply to mchambers3
can i sue the op for wasting my time reading the post. personnally i think ide have a better case. |
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