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Time Warner Cable Road Runner Internet Throttling Class Action Lawsuit
By Matt O’Donnell
A federal judge has ruled that Time Warner Cable (NASDAQ: TWC) must face a class action lawsuit alleging that it deliberately limits bandwidth, or “throttles,” its Road Runner Internet service to limit subscribers’ use of peer-to-peer (P2P) file-sharing networks like Skype, BitTorrent and Gnutella. This practice of throttling, the class action says, not only damaged subscribers’ computers, but also caused them to pay more than double the fees that Time Warner’s competitors charged for a service that was not nearly as fast as promised. Plaintiffs in the Time Warner Cable class action lawsuit say they paid up to 100 percent more than competitors charged because of misleading advertisements about Road Runner’s “blazing speed” that made it the “fastest, easiest way to get online.” Time Warner assured customers that its service offered “up to 3 times the speed of most standard DSL packages and up to 100x faster than dial-up,” according to an ad quoted in the Time Warner Cable class action lawsuit complaint.
“These representations allowed [Time Warner Cable] to charge consumers a premium of up to more than 100% of the fees charged by its competitors,” the Time Warner Cable throttling class action lawsuit states. “Had [Time Warner Cable] disclosed that its Road Runner service did not live up to the advertised descriptions, or that it would intentionally interfere with their Internet access, Plaintiffs would not have paid a premium for the service.”
The Road Runner Internet class action lawsuit claims that Time Warner Cable’s conduct “was motivated by a desire to maximize its profit. Defendant misrepresented the qualities of its service in order to lure subscribers into paying a premium price, steer consumers to its added-price content by throttling access to similar content available for free elsewhere on the Internet, and avoid the costs of infrastructure upgrades by throttling transmissions while recruiting additional customers.”
The Time Warner Cable Road Runner Internet Class Action Lawsuit is brought on behalf of a nationwide class of persons who subscribed to Time Warner Cable’s Road Runner Internet service from November 7, 2003 to the date of class certification. It is seeking damages for Class Members for violations of the Consumer Fraud and Abuse Act (CFAA), Breach of Contract and Unjust Enrichment.
The case is Jessica Fink, et al. v. Time Warner Cable, Case No. 08-cv-09628 (LTS)(KNF), United States District Court, Southern District of New York.
Updated September 12th, 2011
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15 thoughts onTime Warner Cable Road Runner Internet Throttling Class Action Lawsuit
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“I work for Time Warner Cable and we do not have access to throttle people” LOL. You might not have access to it, but someone does. Someone higher up is making the calls and pulling the strings. Just because you don’t see it doesn’t mean it doesn’t happen. Where I live, the only choice we have is TWC. They straight rape us so bad with prices, its insane. We get random surcharges and broadcast tv and programming charges all the time, also we brought the modem they supplied back so we didn’t have to pay the monthly fee for it anymore, and then a month after we did that, they charged us one more time for it, but in the disguise of another random surcharge we had never seen before. TWC is the worst piece of shit cable company out there. They are frauds and criminals and some of the higher-ups should be in prison.
I work for Time Warner Cable and we do not have access to throttle people. This is ridiculous.
Escribo esto porque obtuve un plan en el servicio de time warner cable y 2 días después me lo desactivan ya que ellos juntan mi cuenta con alguien que se llama igual que yo y ya después de pagado tengo recibo del pago y una carta de ellos donde mi saldo está en ceros y ellos me quitan el servicio y se quedan con mi dinero que dicen que ay otra cuenta a mi nombre
Please add me to this lawsuit.