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Systemic issue with Comcast, can we sue? Class action?

Discussion in 'Consumer Law, Contracts, Warranties' started by joshterrell805, May 29, 2020.

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  1. joshterrell805

    joshterrell805 Law Topic Starter New Member

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    I'll keep this short: My girlfriend is a Comcast customer that has spent over ten phone calls each taking an hour to three hours over the course of 3-4 months asking to get $500+ refunded. Each time she calls, Comcast acknowledges the issue is their fault, and says they'll send a check in two weeks, but it never arrives. She calls, they make up some BS about why it didn't happen, and say they'll send it out again.

    I realize taking on a case for $500 isn't what a lawyer probably wants to do. But it's $500 and tens of hours with broken promises by both customer service representatives and their supervisors. This issue appears to be systemic. I think Comcast has training in place to not give customers their refunds. I'm not one for conspiracy theories, but come on, she's talked to probably 20 people over the last 3-4 months who have all acknowledged it's Comcast's fault...made promises that the check would be sent, then fail to deliver on their promises. I don't think this is one bad egg. I think Comcast isn't giving many, many customers refunds, and I think this might be worthy of sueing. I don't know much about law, but this is utterly unacceptable by a giant such as Comcast. Is this something we can sue for directly? I'm also willing to bet there are hundreds maybe thousands of other customers with the same issue since every single customer representative did the same thing. Can we open a class action lawsuit? Comcast needs to refund their customers when they've innapropriately charged them, and they wont do it.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    This isn't something that is a "we" situation. It is your girlfriend's account and she's the one who would have to sue. And she wouldn't need a lawyer for it. This is exactly the sort of thing that small claims court is for. This assumes, of course, that her contract with Comcast does not require her to take the dispute to arbitration instead. She'll want to look at the contract that governs her account to see if she must arbitrate it.

    For a class action lawsuit, your girlfriend must have a lawyer. And the problem with a class action is that all plaintiff's in the class must be similarly situated, which would mean that they all have the same refund issue (that is, are due refunds for the same or similar reason) and have all encountered similar problems in getting the refunds issued. You don't know that to be the case — you are just guessing that the company is doing this deliberately to many customers. She would again first need to see if the contract requires arbitration and if it bars class actions. If she is not forced to arbitrate and if there is no bar to class actions then she could see an attorney to explore whether there may be a basis for a class action lawsuit. Bear in mind, though, that going the route of a class action may well take longer for her to get her money than simply going to small claims court.
     
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  3. mightymoose

    mightymoose Moderator

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    These matters are better resolved in writing anyway. There is no record available to you of what was discussed during her calls or any promise to refund that may have been made.

    WRITE your complaint.
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    Why does she think she is entitled to a $500 refund?
     
  5. joshterrell805

    joshterrell805 Law Topic Starter New Member

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    Thank you for your perspective and advice mightymoose and Tax Counsel. I've shared this with her and she or I may post again if we're stuck. I appreciate your time.

    adjusterjack, Comcast charged double over the course of months for a service she only had one of. Their rep made a mistake when setting up the service. They admitted the issue was on their end many times and they said they'd give a refund many times. This post is not about culpability, that is clear from both parties. The issue is about them not following through on sending the refund as they said they'd do many times.
     
  6. justblue

    justblue Well-Known Member

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    Is she going to continue on with the service? If so...ask for a credit to the account.

    A sneaky little hint for you: Often when you call ComCast for a problem you get outsourced and it is next to impossible to get anywhere with those reps. Try calling the sales department...they will assist you and are really helpful.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Details are always important. I agree that a complaint should be made in writing but I'll go a step further.

    Write directly to:

    CEO Brian L Roberts
    Comcast Corporation
    One Comcast Center
    1701 JFK Boulevard
    Philadelphia, PA 19103

    He'll never see it but there are high placed corporate assistants that handle these kinds of things and often set them right.

    I have had a lot of success doing that.
     
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  8. zddoodah

    zddoodah Well-Known Member

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    I'm sure you're right about this. I'm equally sure that many, many customers are getting refunds.

    Both are rather meaningless statements, don'tcha think?

    We? No. Your post does not indicate this has anything to do with you. Your girlfriend certainly can sue if she likes.

    Your belief/speculation is not going to induce any lawyer to file a class action suit. Your girlfriend is, however, free to contact a lawyer about the possibility.
     

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