Comcast Oregon late fee class action settlement receives final approval

On Monday, May 2, 2011, Multnomah County Circuit Court Judge Henry Kantor granted final approval to the class settlement entered between Comcast and Oregon consumers billed cable TV late fees. Under the terms of the settlement, Comcast pays $16 per late fee to claiming class members, up to $23 million, together with attorney fees and costs of $5 million, and a $75,000 charitable contribution split between the Oregon Food Bank and the United Way.

Class counsel decided to leverage the charitable giving by adding $100,000 from our fees to be divided between five groups that provide legal services to low and moderate Oregonians and national groups that advocate for consumers. The five non-profits that will split the legal team’s contribution are Oregon’s Campaign for Justice, St. Andrews Legal Clinic, Oregon Law Center (through the Campaign for Justice), National Consumer Law Center, and Public Justice Foundation. We’re really pleased to be able to make these contributions.

If you’re a consumer who was billed a late fee you need to file your claim before July 1. Here is the link to the claim form. Fill it out. If you paid one or two late fees, you only need to sign it and return it. If you paid more than two, you need to sign the claim form in front of a notary or provide documentation of how many late fees you paid.

Under Oregon law, unclaimed monies are returned to Comcast. So if you paid a cable TV late fee in the class period and you want to make a difference, it would be a good thing to make a claim.

As this thing winds to completion, it’s hard not to reflect on the ups and downs of a long (seven year!) case. It’s been a tough haul, but we knew it would be. In the end I am pleased with the outcome. It’s a big settlement, and a win for consumers. Those are rare, so we savor them.

If you’re class member and you have questions, feel free to contact me, as I will work with class members to make sure that you get your claim filed.

David Sugerman

28 thoughts on “Comcast Oregon late fee class action settlement receives final approval

  1. Dear David,
    Thanks for putting up the GOOD fight question ? How do i know if comcast has received my claim and when will they issue credit Thank You

  2. Hi Paul-
    Timing depends. I’ll post on the blog once we know more. Thanks for your patience!

  3. Thanks- I fought with AT&T @ Home over late payments – on services to be received (as opposed to services received) I am not a big fan of Class Actions but this is one that I stand behind firmly, as well as I am a Professional Procrastinator ( but I do have a file cabinet with statements going back even further than the window of 2003-2010 ) Thankfully – while I might be flaky and pay late – I do read my statements.

    I have found 10 late payments so far and I am not done !

    Many thanks!

    Jon

  4. do I need to send in the forms via certified or registered mail? Will ordinary mail suffice? Thanks

  5. Regular mail is fine. Wise to keep a copy for your records in the unlikely event there is a dispute about it.
    David

  6. Thanks for all your hard work in a settlement on this case! Those 3 or 4 late fees will sure help in this household!!

    DTR

  7. Hi David,

    Thanks for all the hard work looking out for the consumer. Believe or not, I estimate I paid a late fee about 90% of all those months and have been/and still a comcast customer since AT &T for MANY years. I guess I will get many months of free service creidt in return. I am readying my claim form but have a question. The form asks for a 14 digit account number but my current C0mcast account number is 16 digit. I plan on putting the 16 digit number.
    Do you think this would be fine?

    Thanks again,
    paul

  8. Hi Paul-
    Thanks for the note. That’s great that you’ll such a big benefit. Makes my day! I’m not sure about the variance between the 16- and 14-digit account number. Go with your account number as you understand it. If you’re not using bills to prove your claim, you might want to include one that shows the current account number.

    Let me know if you have any problems or questions. Best bet is to email me using the contact information on this site, though I usually pick up the comments pretty quickly.

    Thanks-
    David

  9. If you contact our office and give us contact info., we can get a verification. All claims must be postmarked today.

  10. Dear David,

    I am so happy to hear that this won the approval. I actually had in the past called Comcast about always getting a late fee when I was not late! I got my claim form submitted (Notarized). I hope someday we get our compensation.

    THANKS!

  11. Thanks for your kind words. Expected pay date is August 11, 2011. I’m trying to get up a separate post on the final-final-final on this long-running case. If you’re a current Comcast customer, you should expect a credit on your bill that comes on or after August 11, and if you’re a prior customer, you should expect payment to go out that that day.

    I’m really happy that you made a claim.

    David

  12. Thanks for all your hard work! Just checked my account online and I have a credit balance that will free up some cash for the budget for a few months by not having a comcast bill. I am thankful now that I never went on auto-pay, until about a year ago. Thankfully my wife is a fantastic filer person and we had all our bills in a folder. Again Thanks!

  13. Jon-
    My pleasure. There is little as sweet as hearing that some good has come of our efforts. Thanks so much for the update and the kind words.

  14. David, thanks again for representing the class in the settlement! I just received the credit yesterday! Good luck in all of your future cases.

    Sincerely,

    DTR

  15. David I checked my account and it was credited however not to the amount claimed
    what do i do – i never received anything from comcast – just noticed it online.

  16. I don’t give legal advice in this public forum. Please contact us during office hours. Best bet is phone, 503.228.6474.
    -David

  17. Hello David, I just called and left you a message. I noticed some people who filed a claim for the late fee charges have receaved credit to their accounts. I have been a comcast customer for many years and I have the xfinity bundled services with them and I have kept these services with them for several years. I filed a claim before the deadline and had It notorized at us bank. I have tried to contact comcast at least 3 times to make sure they receaved my claim and to find out any other information. I appreciate all you have done and If you could find out If they receaved my claim and why my account hasn’t been credited yet for all the late fee charges I would appreciate It very much.

  18. Hi Darren-We are closed for the holiday weekend, but I’ll have someone look into this early next week. Thanks

  19. Hello David, I guess they credited my account but I don’t ever remember getting the credit.

    I just had a Comcast Tech come over this morning because I have had connectivity Issues for about 6 years. I have called and complained many times and they say my connection was fine. Well the Comcast Tech said I had the wrong Equiptment that couldn’t handle the Internet speed I have been paying for every month..lol. I even was paying an extra ten dollars a month for their Blast Internet but Cancelled It after several months because It wasn’t making a difference and just noticed on my bill that It never got cancelled. My sister had the same Issue and they credited her 120.00 from when she started getting the Blast Internet Service. I should have been getting 20 speed and 25 with Blast. Well the Modem they Installed Isn’t capable of 20 speed, and obviously not 25 with Blast and when Comcast checked my speed I was getting 10 speed and 7 speed! The Tech said I should get a refund and he thought it was weird they never noticed that I had the wrong modem. I’m not a tech expert and assumed I was getting what I was paying for. Comcast can see what Equiptment I am using and should have corrected this Issue along time ago. Many Customers are paying way too much money right now for a service they aren’t receiving. Comcast Is knowingly robbing their customers as I am writing this. I have the copy from the tech where he states I had the wrong modem to get the speeds I was paying for. I am telling you this because I thought maybe there Is a way for Customers to find this out and see If they are using the correct modem. I can’t wait for the day when Comcast actually has Competition!

    Talk to ya later, Darren

  20. i filed a class action with the form i was sent but i havent received any responce to what happened or if i get any thing back can someone let me know 5035401910 thank you

  21. I wish this had been advertised better. I’m too late to the party to claim what I’m owed.

  22. Is there a resource for service providers on what IS and IS NOT okay for charging late fees? I work for a small company that has many customers that pay late and let invoices stack up for a couple months (for services already rendered) so we’re thinking of instituting a late-payment fee, but thinking twice after I ran across this article!

  23. There really is no one-size-fits all resource I can recommend. Laws on these issues vary by state. But here is the thing: don’t confuse this big case against a large, sophisticated business that had a specific late fee standard with your small business. I don’t advise businesses, so I can’t help, but I suggest you look for counsel. If you are in Oregon, I would be happy to make referrals, though that is done privately and not n the comments section. (Use the contact info to get in touch privately if you are in Oregon and need referral suggestions.) -David

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