Comcast late fee class action update: ruling striking defenses

This is an update report for those following our Comcast late fee class action.  In this certified class action, Oregon Comcast cable television subscribers claim that Comcast illegally assessed late fees for cable TV service. The class seeks damages. Here is the last update on the case. Go to my old blog, here, if you want a copy of the class certification decision.

So Friday, Tim Quenelle and I returned to court to argue discovery and pleading motions. We did something a bit unusual and filed motions to strike various affirmative defenses raised by Comcast.

Judge Baldwin ruled today. He granted the class’s motions to strike the following eight defenses:  Reduction of damages based on losses Comcast claims to have suffered (Sixth Affirmative Defense); Subscribers’ breach of their cable TV subscription agreements (Ninth Affirmative Defense); Failure to timely assert rights under the late fee statute (Tenth Affirmative Defense); Estoppel (Eleventh Affirmative Defense); Laches (Twelfth Affirmative Defense); Ratification (Thirteenth Affirmative Defense); Reservation of Rights; and Comcast’s prayer for attorney fees.

Judge Baldwin denied the class’s motions as to four affirmative defenses: standing of the class representatives, voluntary payment, unclean hands, and set-off for class members’ unpaid balances.

Judge Baldwin’s rulings limit Comcast’s defenses and narrow the scope of the case. It’s another step forward for the class. While there is still far to go, we’re counting it as a great day.

Leave a Reply

Your email address will not be published. Required fields are marked *