Charter® Appeals New York Supreme Court Ruling

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One of the fastest internet providers in the United States, Charter Communications®, recently confirmed that they are currently appealing a court ruling. Reports from several reliable sources indicate that the court ruling stated that the internet service provider would have to face a lawsuit that alleged that Charter® guaranteed fast Internet speeds to customers, which the telecom company knew they could not deliver.

The officials from the telecom company claimed that the federal regulations, which includes the recent repealing of net neutrality rules preempt the lawsuit that was filed against them. The lawsuit against Charter Communications® and their Time Warner Cable® subsidiary was filed by a New York Attorney General Eric Schneiderman on February 2017.

The New York Supreme Court had initially rejected Charter Communications’ motion to dismiss the lawsuit. The New York Supreme Court had stated that Charter Communications® could be held accountable for guaranteeing speeds “up to” a certain Mbps if there was no possibility for subscribers to actually get those speeds.

The ruling made by the New York Supreme Court said, “Defendants’ theory is contrary to New York law regarding “up to” claims. Spectrum‐TWC’s argument that consumers should have expected to receive anything less than or equal to the advertised “up to” speeds has been rejected by the Court of Appeals where, as alleged here, the advertised “up to” speeds are functionally unattainable as a result of the defendants’ knowing conduct.”

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However, the officials from the telecom company went on to appeal the decision made by the New York Supreme Court in a state appellate court. The appeal filed by Charter Communications® stated that the court “erred as a matter of law in denying Charter’s motion to dismiss the complaint’s allegations regarding actual broadband speeds because those claims directly conflict with the FCC’s regime for measuring and disclosing broadband speeds and are therefore preempted.”

Charter Communications® disputed that the allegations made by Eric Schneiderman, which claimed that Time Warner Cable® guaranteed to offer internet speeds Eric Schneiderman was false. The officials from Charter® also added that the “up to” speed promises “are substantiated using the FCC’s official methodology for defining and describing actual broadband speed and could not mislead a reasonable consumer.”

During the appeal, the telecom company also pointed out that the lawsuit’s “allegations regarding TWC’s subjective representations about its network” are just “non-actionable puffery.”

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