Friday November 11, 2016

Customer Sues Charter, Time Warner Cable Over "Broadcast TV" Fees

I like this guy already. Not only is he suing Charter and Time Warner Cable for what he claims are illegal fees, he is getting around the forced arbitration by not seeking any money. Grab the popcorn, this is going to get good.

The TWC arbitration clause does include a 30-day window for new customers to opt out, but the plaintiff in this dispute is still hoping to avoid being shunted off to the arbitrator. How? By not seeking any financial damages. Instead, the plaintiff is only seeking injunctive relief آ— for the court to stop Charter/TWC from the allegedly illegal practices آ— and for a declaration that these practices do indeed run afoul of the law. Why might that work? Because the arbitration clause in the TWC residential user agreement also states that "Only claims for money damages may be submitted to arbitration; claims for injunctive orders or similar relief must be brought in a court."

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