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story category Man Sues Comcast For 'Always On' Claim
Because of a 2005 connection outage...
(old news - 01:26PM Thursday Dec 06 2007)
tags: legal · business · cable · Oddities · Comcast
Comcast and Verizon Wireless have justly been criticized in the past for advertising capped broadband service as unlimited. Comcast stopped doing so a few years back, and Verizon Wireless recently stopped doing so after being investigated by New York's Attorney General. Promoting capped service as unlimited is clearly false advertising.

Click for full size
But what about the frequent claim that broadband ISPs offer "always on" service? The "always on" tag is a throwback used to differentiate broadband service from dial-up, and shows up frequently in Comcast literature.

Nobody in their right mind could interpret that as meaning that your connection would never go down, right? Wrong.

One Pennsylvania man has taken the phrase literally, and sued Comcast for breach of contract and violation of state protection laws -- because his connection went down for two weeks back in 2005. CNET breaks down the subsequent legal bullfight:
Comcast managed to get the case transferred to federal court and asked a judge to enforce the arbitration clause buried in Comcast's standard subscriber agreement. Schwartz won, at least preliminarily, when a district judge ruled that there was no valid arbitration agreement. But Comcast appealed, and Schwartz had less luck before the U.S. 3rd Circuit Court of Appeals.
The appeals court has sent the case back to a trial court where it will continue.

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  6. Comcast Caves to Cuomo Legal Threat
  7. MI Town Sues Comcast Over Franchising Fees
  8. Qwest Wants Comcast Taxed Like A Telco
Forums » Man Sues Comcast For 'Always On' Claim
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pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Stupid Lawsuit

Didn't this guy read the part of his contract that said that service is not guaranteed? I think this is also mentioned in all of Comcast's ads.
--
Only SHATNER is Kirk.

telcolackey
The Truth? You can't handle the truth

join:2007-04-06
Death Valley, CA

Re: Stupid Lawsuit

Just more anti-Comcast news from BBR.

BodyBumper

join:2004-06-21
Beverly Hills, CA

Re: Stupid Lawsuit

said by telcolackey See Profile :

Just more anti-Comcast news from BBR.
Karl doesn't care for Comcast or its subsidiaries.

Shame on him!
battleop

join:2005-09-28
00000

Re: Stupid Lawsuit

He doesn't like any ISP. Stories are always about the uber-super fast speeds in a lab or how some one at ISP x screwed something up.

FiL
Premium
join:2005-08-16
Silver Spring, MD

Re: Stupid Lawsuit

So this ISN'T Broadband news???

And here I am thinking Comcast services the nation with intertubes.....
nasadude

join:2001-10-05
Rockville, MD
·Comcast

Re: Stupid Lawsuit

said by FiL See Profile :

So this ISN'T Broadband news???.....
why yes, it is broadband news - talk about shooting the messenger!
devnuller

join:2006-06-10
Hollis, NH

Re: Stupid Lawsuit

Perhaps... but not sure how "fair and balanced" the news posting is on this site.

Mike
Premium,Mod
join:2000-09-17
Pittsburgh, PA
clubs:

Re: Stupid Lawsuit

In that case submit a news story of your own if you do not like what our editors pick.

R4M0N
Brazilian Soccer Ownz Joo

join:2000-10-04
Glen Allen, VA
·Comcast

Re: Stupid Lawsuit

said by Mike See Profile :

In that case submit a news story of your own if you do not like what our editors pick.
If it only were that easy. I've submitted many articles about FIOS deployment and never had any of them published.

telcolackey
The Truth? You can't handle the truth

join:2007-04-06
Death Valley, CA

said by Mike See Profile :

In that case submit a news story of your own if you do not like what our editors pick.
I've tried that too. It was comparing all the negativity toward Comcast, while companies like Google go unscrutinized... This was also not deemed newsworthy.

I know Google is the ad source for BBR, so perhaps that wouldn't fly very well.
--
"Believe only half of what you see and nothing that you hear." - Dinah Craik
Ahrenl

join:2004-10-26
North Andover, MA
Please let me know if you find a "fair and balanced" news source, ANYWHERE..

MysticGogeta
The Robot Devil
Premium
join:2005-03-14
League City, TX
clubs:
·Comcast

Re: Stupid Lawsuit

said by Ahrenl See Profile :

Please let me know if you find a "fair and balanced" news source, ANYWHERE..
Not from Fox.
--
Team Discovery-Join the fight

leXicon5
Richard Marconi
Premium
join:2000-12-27
Saint Louis, MO
clubs:
·AT&T Southwest

Re: Stupid Lawsuit

said by MysticGogeta See Profile :

said by Ahrenl See Profile :

Please let me know if you find a "fair and balanced" news source, ANYWHERE..
Not from Fox.
Or CNN, or CBS, or NBC, or ABC, or (insert news org here)
I find it hilarious that while one rube calls Fox out on not delivering the whole story that the same person will say the other networks do provide the whole story...which is ummmmm....a lie.
journalistic integrity is DEAD in this country.
--
It's B.C., Before Christ. It's A.D. Anno Domini, The year of (Our) Lord. Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas!
ackman

join:2000-10-04
Acworth, GA
·AT&T Southeast

Re: Stupid Lawsuit

I understand your point, and you are correct, but Fox is just the most egregious example of corporate bias and propaganda in the news media, the poster child as it were. They should be required to take the word "News" out of their name, it's clearly false advertising. Or at least change the name to Fox News and Opinion Channel.
supertech315

join:2006-03-01
Perris, CA
LOL Dude that's funny

exocet_cm
Signal 26's Rock
Premium
join:2003-03-23
New Orleans, LA
clubs:
·Cox HSI
·Network Telephone ..
·Suddenlink
·Cingular Wireless
·AT&T Southeast

said by telcolackey See Profile :

Just more anti-Comcast news from BBR.
Just more anti-Comcast Broadband related news from BBR news.com relayed via BBR.

Corrected your comment for ya telcolackey See Profile.
--
"I have measured out my life with coffee spoons..." - T.S Eliot
Check Out the Tech Bench »www.johndball.com/index.php/tech-bench/
Ma blog: »www.johndball.com

Jerm

join:2000-04-10
Richland, WA

Re: Stupid Lawsuit

yeah, this isn't wikipedia where we pretend to have NPOV [citation needed]

telcolackey
The Truth? You can't handle the truth

join:2007-04-06
Death Valley, CA

said by exocet_cm See Profile :

said by telcolackey See Profile :

Just more anti-Comcast news from BBR.
Just more anti-Comcast Broadband related news from BBR news.com relayed via BBR.

Corrected your comment for ya telcolackey See Profile.
You would make a good BBR moderator. Need to ensure the anti-corp message stays strong! I think there is something in the BBR TOS which says this and anyone disagreeing with this position will be banned. Or was that AT&T
--
"Believe only half of what you see and nothing that you hear." - Dinah Craik

exocet_cm
Signal 26's Rock
Premium
join:2003-03-23
New Orleans, LA
clubs:
·Cox HSI
·Network Telephone ..
·Suddenlink
·Cingular Wireless
·AT&T Southeast

Re: Stupid Lawsuit

said by telcolackey See Profile :

said by exocet_cm See Profile :

said by telcolackey See Profile :

Just more anti-Comcast news from BBR.
Just more anti-Comcast Broadband related news from BBR news.com relayed via BBR.

Corrected your comment for ya telcolackey See Profile.
You would make a good BBR moderator. Need to ensure the anti-corp message stays strong! I think there is something in the BBR TOS which says this and anyone disagreeing with this position will be banned. Or was that AT&T
HA! Thanks telcolackey, hey vote for me for next round of BBR mods!!!
--
"I have measured out my life with coffee spoons..." - T.S Eliot
Check Out the Tech Bench »www.johndball.com/index.php/tech-bench/
Ma blog: »www.johndball.com

Jason Levine
Premium
join:2001-07-13
Albany, NY

How is this anti-Comcast news? Sure, the lawsuit is against Comcast, but the opinion of the plaintiff is obviously negative:

Nobody in their right mind could interpret that as meaning that your connection would never go down, right? Wrong.
If Karl were posting this supporting the guy, he would have said something like "Everyone just assumes that 'always on' means that your connection will never go down, but apparently Comcast doesn't agree."

Mike
Premium,Mod
join:2000-09-17
Pittsburgh, PA
clubs:
News is news.

Including even if you don't like it.

This is a pretty major claim since "always-on" is a term thrown out with just about everything.

Sly
Premium
join:2004-02-20
Johnson City, TN
clubs:
·Embarq

said by telcolackey See Profile :

Just more anti-Comcast news from BBR.
...and the problem is?

Lumberjack
Premium
join:2003-01-18
Newport News, VA
·Cox HSI

Most BBR news shows more negative news than positive news (at least against the "evil corporate" machine). But tell me what valid news agency posts more positive news than negative?

I think the article is funny... will cost Comcast loads of lawyer fees and maybe some fine-print adjustment.
--
»www.fairtax.org

rawgerz
In Debt we trust
Premium
join:2004-10-03
Grove City, PA
·Sprint Mobile Broa..

Didn't you think for a second that maybe he was suing because he felt he found a technicality for making money?

How many lawsuits these days are for justice or principle instead of financial gain?

The guy DID lose his internet for two weeks, I would be pissed too. Nothing takes that long to fix.
--

You can't make all the people happy all of the time. But it should be common sense to shoot for the majority.

Jim Gurd
Sorry Roger, you tiger now.
Premium
join:2000-07-08
Plymouth, MI
This is why companies are forcing customers into arbitration agreements.

I hope Comcast prevails on this. It's a frivolous lawsuit.
frost203

join:2005-09-17

Re: Stupid Lawsuit

said by Jim Gurd See Profile :

This is why companies are forcing customers into arbitration agreements.
exactly, because they now that they can not provide the service they advertise and do not want to go to court and lose.

MisterMarcus

join:2001-11-10
San Diego, CA
One good thing about California - we don't go for that crap. If we want to, and have the money to, initiate a class action against a company for violating law, we can do it, regardless of any terms of "mandatory arbitration".
fiberguy
My views are my own.
Premium
join:2005-05-20

Re: Stupid Lawsuit

Riiiiiiiiiight...
jjeffeory

join:2002-12-04
USA

Re: Stupid Lawsuit

Fiberguy,

The attorney I live with who happens to be licensed in California, Wisconsin, and D.C. says it's possible. I think I'll listen to an attorney over you. Okay?
fiberguy
My views are my own.
Premium
join:2005-05-20

Re: Stupid Lawsuit

Wow... the 20 attorneys I work with say yours is wrong.. so I'll take their word over yours.

Doesn't matter, anyway, in the end what any attorney says.. it's what the judge says.. so, to be honest, (and we all know how far "my friend who is an attorney says" goes around here) it don't matter. Okay?

MisterMarcus

join:2001-11-10
San Diego, CA
·RoadRunner Cable

Re: Stupid Lawsuit

Black letter law.

California recognizes the consumer's right to class action - Ting vs. AT&T, if you want a small reference.

As a result a number of companies changed their terms where they once prohibited class actions as they pleased - but now they are adding terms excluding California residents. It's also why a lot of companies refuse to do business with you if you're a California resident - they know you've got the power to shut them down if they screw up. Vis a vis - Purpose Discover Card.

Sean
The Great Divide

join:2004-01-23
Richmond Hil
·Bell Sympatico

said by pnh102 See Profile :

Didn't this guy read the part of his contract that said that service is not guaranteed? I think this is also mentioned in all of Comcast's ads.
Let me ask you: did YOU read YOUR contract?

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Re: Stupid Lawsuit

said by Sean See Profile :

Let me ask you: did YOU read YOUR contract?
Yes.
--
Only SHATNER is Kirk.
Aleck79

join:2003-07-23
College Station, TX
·Grande Communicati..

do you read your contract? At the end of it you will see a statement that the contract does not take away certain rights, and it depends on the laws in that state.

I believe in the state of Texas (not 100% on this), a company cannot take away your right to sue.

from some of the other comments i assume Cali is the same way. Any way is this? Who does the arbitration company get their money from? And who would the cable company go to if they see a favorable number decisions going their way?

Arbitration is a joke,
but when they are paid for by like this, their is always going to be a conflict of interest.

tc1uscg

join:2005-03-09
Saint Clair Shores, MI
·Comcast
·WOW Internet and C..
·VoiceEclipse

said by pnh102 See Profile :

Didn't this guy read the part of his contract that said that service is not guaranteed? I think this is also mentioned in all of Comcast's ads.
"always on".. "no guarantee". Contradiction wouldn't you think? Maybe what we are seeing is a trend where big corporations who make unrealistic claims to entice people to buy their services are being challenged. Would you buy service from someone who up front tells you, up 75% of the time or one who says the network is up 100% of the time? Would you buy a car that says it gets 50mpg or one that says it gets 15? Lets just all blame marketing.

DotMac
Shill H8r
Premium
join:2007-10-26
Huntington Beach, CA


edit:
December 6th, @01:37PM

It is always on

Just doesn't always work.

If you're going to sue, do it over the "Crazy fast" claims which aren't true thanks to their oppressive network management tactics.

This case will come down to would a 'reasonable' person assume that always on means an 100% uptime SLA. I would say certainly not.
--
Help keep cable rates low; support "Big Cable" in their fight against the extortionists at the NFL Network!

TK Junk Mail
Go ahead, make my day
Premium
join:2002-03-03
Margate City, NJ
clubs:
·Comcast

Only a moron would see "always on" as "never down"

This case should have been thrown out of court. No one can reasonably expect to believe that a claim of "Always on" ever meant that it would never fail. The only cause of action this guy should have had would be for compensation for the outage itself. And I am sure that Comcast would have given him a free month for the outage.

See 22 replies to this post

imusuallyon

@comcast.net

from:
Cabal See Profile

honestly

honestly the news here is no more then telco astroturfing. right up their with the national enquirer. good job Karl. is this site funded by the telcos ?????

DotMac
Shill H8r
Premium
join:2007-10-26
Huntington Beach, CA

edit:
December 6th, @03:51PM

Re: honestly

I guess you missed all the FiOS installers break this and that articles Karl used to run and still would should the cable fanbois submit them.

Meanwhile the site has more than its share of cable trolls to balance out anything Karl may do.

TK Junk Mail
Go ahead, make my day
Premium
join:2002-03-03
Margate City, NJ
clubs:
·Comcast

said by imusuallyon :

honestly the news here is no more then telco astroturfing. right up their with the national enquirer. good job Karl. is this site funded by the telcos ?????
I disagree with that characterization. The editor dumps on all corporations - not just cable.

pog
Premium
join:2004-06-03
Kihei, HI
This story is legit... Karl's editorializing, while extremely minimal, is even supportive of your viewpoint... so what's your problem??
--
My Site

gaforces
United We Stand, Divided We Fall

join:2002-04-07
Santa Cruz, CA
·Cruzio Internet

said by imusuallyon :

honestly the news here is no more then telco astroturfing. right up their with the national enquirer. good job Karl. is this site funded by the telcos ?????
I notice that he is inconsistent in his editorial, one day will be pro consumer, then turn around the same day and tout the corporations line.
Im still not forgetting how the Corps made this site get rid of my favorite Thumbs UP or Thumbs DOWN characterizing the ratings.
--
‘Do ye, quieting in your bosoms your strong hearts,
Who of many good things have had your fill even to surfeit,
With what is moderate nourish your mighty desire; for neither will
We yield, nor shall you have all else as you wish.’
Solon
nasadude

join:2001-10-05
Rockville, MD
·Comcast

said by imusuallyon :

honestly the news here is no more then telco astroturfing. right up their with the national enquirer. good job Karl. is this site funded by the telcos ?????
hmmmm. the name of the site used to be "dslreports"; I wonder who provides dsl? what companies would likely be featured in news about dsl?

wait a minute, I know - telcos!

see, wasn't that easy?

and here's a twofer: the site is now named "broadbandreports"; guess who provides broadband - that's right, cable companies and telcos and BPL (not really, but we pretend) and satellite (another pretend). That must be why we see stories about these providers on the site.

easy things made easier for those that need it.

Tzale
Ron Paul 2008 - Proud Conservative
Premium
join:2004-01-06
NJ, USA
·Verizon FIOS
·Optimum Online

BS..

This is so stupid.... Think about it, it's ALWAYS ON when the service is UP! DUH!!!! It's not ALWAYS ON if the service goes down, and since Comcast doesn't go out of their way to turn off the service when nothing is wrong, this lawsuit is frivolous.

-Tzale

CylonRed
Premium,MVM
join:2000-07-06
Bloom County
·Speakeasy

Re: BS..

said by Tzale See Profile :

This is so stupid.... Think about it, it's ALWAYS ON when the service is UP! DUH!!!! It's not ALWAYS ON if the service goes down, and since Comcast doesn't go out of their way to turn off the service when nothing is wrong, this lawsuit is frivolous.

-Tzale
Got that right... It better be thrown out or some one will have some 'splain'n to do.
amungus
Premium
join:2004-11-26
America
clubs:
·Cox HSI

funny

I find this almost comical Guess that's why it's filed under "oddities" under the headline

In a way, I almost hope he wins. If/when this gets to a jury though, I'm pretty sure most people will laugh it off and it'll get thrown out. Most regular folks understand that unless you have a business class connection, you have no guarantees that the 'net will always be perfect, let alone working. Granted, two weeks with no service stinks, but I actually agree w/HTC/TCH that he probably could've got a month or two of free service out of 'em if he worked with them nicely.

You hear it all the time... "I run my business from this - (insert: consumer grade pc, residential connection, or other absurd claim) and it better work!" - well here's some advice: 1st thing's first - BACKUP your data! Get a nice computer that isn't your run of the mill eMachine or whatever. Get another method to connect to the 'net, whether that's dialup, a cellular card, a DSL line, or, if you can really afford it, a "business class" connection from your cable/telco provider. Heck, get a laptop and go to a friend's house, go to a coffee shop, somewhere you can work for awhile in relative peace. Even if this guy's gripe isn't work related, I just roll my eyes every time I hear about people saying things like that... "well, why shouldn't my cheapo whatever be able to handle it?"

Just for fun - it would be nice to have an unlimited 'always on' connection that was truly unlimited, truly guaranteed to work at all times, and was cheap

See 11 replies to this post

DHRacer
Fire Survivor

join:2000-10-10
Lake Arrowhead, CA
·Verizon west (ex G..
·Charter Pipeline

Next up, other utilities

I'm sure Edison and the Gas Companies weren't sued out of existence in their early years for making claims that it was "always on", despite the slow emergence of those utilities into homes and business that were previously oil-lamps and fireplaces.

Next people will sue for winter outages that seem to frequent the northeast. Or do they already do that?
--
"No one will believe you solved this problem in one day! We've been working on it for months. Now, go act busy for a few weeks and I'll let you know when it's time to tell them." (R&D Supervisor, Minnesota Mining & Manufacturing /3M Corp.)

jmn1207
Premium
join:2000-07-19
Reston, VA

It Works Both Ways

If Comcast can be persnickety in their legal jargon with regards to network "management", why can't the customers hold Comcast's marketing department to the same standards? Corporations have more rights than individuals. If only I could incorporate myself...

AtomicZero

join:2004-11-24
West Palm Beach, FL
·Comcast

Re: It Works Both Ways

said by jmn1207 See Profile :

If Comcast can be persnickety in their legal jargon with regards to network "management", why can't the customers hold Comcast's marketing department to the same standards? Corporations have more rights than individuals. If only I could incorporate myself...
Because of the word: Reasonable. And what this lawsuit is about is UNreasonable. No technology is infallible.
frost203

join:2005-09-17

Re: It Works Both Ways

in fallible or not two weeks without service would make anyone crazy.

jmn1207
Premium
join:2000-07-19
Reston, VA

Conglomerates are selective in how they interpret things, and great big bags of money seem to encourage policy makers and judges to take their side almost exclusively. What is reasonable about faking packets? I hope this gets thrown out, as I would hate to see a new recovery fee on my bill to cover any court costs that might be incurred.

This charge is intended to offset certain costs incurred by our customers' unreasonable lawsuits.

I'd kill for the same kind of flexibility when paying my bills. Imagine being able to keep a couple extra dollars for the weekly football pool because sound was mysteriously lost in the middle of a DVR playback.

It would only seem like an unreasonable lawsuit if the US was not completely overflowing with seemingly ridiculous amounts of crazy, nutty whiners looking to make a buck for the stupidest of things. I don't even roll my eyes anymore when I read these stories. This is the "Professional driver on a closed course" generation.
jubangy
Premium
join:2005-03-26
Erie, PA
·DSL EXTREME

said by AtomicZero See Profile :

said by jmn1207 See Profile :

If Comcast can be persnickety in their legal jargon with regards to network "management", why can't the customers hold Comcast's marketing department to the same standards? Corporations have more rights than individuals. If only I could incorporate myself...
Because of the word: Reasonable. And what this lawsuit is about is UNreasonable. No technology is infallible.
Tell that to the RIAA

benn19

join:2001-06-21
Plainfield, IL

ALWAYS does get some in trouble

WalMart was busted for this years ago,and the court found in favor of the person filing the suit. The claim was WM's signage stated " ALWAYS The Low Price, ALWAYS". Well as we know no matter who you are, you can't ALWAYS. So they had to change all of the corprate signage to "ALWAYS low prices, ALWAYS"
frost203

join:2005-09-17

Re: ALWAYS does get some in trouble

My father runs his own business and advertises "we will beat any competitors estimate, guaranteed" If a customer says they got a lower estimate elsewhere, he simply beats it, no trickery there, just good business.

off topic but as for chinamart(walmart) my years ago my mother worked there when they advertised MADE IN THE USA. we bought just about everything from there. Last xmas I every and i mean every toy purchased from walmart was broken within two days. I returned a shopping cart full of toys and to my surprise so did hundreds of other people.

In my opinion the high profit, low/minimal quality business model is the scourge of the U.S. Bring me back to the days when I could find a label that said MADE IN THE USA and know that i was getting quality.