A class action lawsuit has been filed against Cablevision alleging that customers are billed for cable, telephone, and internet access even after they cancel the service.
Yet Governor Andrew Cuomo, Yonkers Senate Majority Leader Andrea Stewart-Cousins and Bronx Assembly Leader Carl Heastie have done nothing to protect consumers from #Altice’s corporate abuses of New York residents
Plaintiff Lee Presser argues in his Cablevision class action lawsuit that he canceled his Optimum service in the middle of a billing period, expecting to be charged on a pro rata basis for the time period in which he did not use the cable service.
However, he was informed that he canceled the service three days after the next billing cycle and would be charged for a full month of service.
The Cablevision class action lawsuit states that, “Prior to October 2016, Defendants’ termination policy was as follows: termination was effective on the date an Optimum customer contacted Defendants to discontinue these services, and Defendants credited the customer’s account for services past the cancellation date on a pro rata basis.”
Presser alleges that Cablevision changed their policy and now charges their customers a full monthly price, even if they cancel the service during the monthly billing cycle.
“Defendants did not provide separate written notice of this change in their billing policy, as is required by New York and Connecticut law,” the Cablevision class action lawsuit continues.
Cablevision purposefully did not notify their customers of this change to the Optimum service so that they could increase their profits by having the consumers pay more, the Cablevision class action lawsuit claims.
The Optimum class action lawsuit states, “This lawsuit seeks restitution for customers who cancelled their Optimum services within a billing period, but were nevertheless charged for the entire 30-day billing cycle without proper notice.”
The plaintiff notes that if he knew he would be billed for the remainder of the month before he returned his equipment, he would have done so earlier to avoid the extra charges.
Presser brings this class action lawsuit under New York General Business Law.
“As a direct and proximate result of Defendants’ deceptive and unlawful acts and practices, Plaintiff and class members have suffered ascertainable loss of money or property, and monetary and non-monetary damages, including time and expenses related to disputing Defendants’ billing practices,” the Cablevision class action states.
The Class Members are defined as customers in New York, New Jersey, and Connecticut “who subscribed to Defendants’ Optimum services prior to October 10, 2016 and cancelled their services before the end of their then-current billing period, but were charged for the entire final billing cycle.”
Presser is represented by Philip L. Fraietta of the Law Offices Of Scott A. Bursor
The Cablevision Optimum Billing Practices Class Action Lawsuit is Presser v. Cablevision Systems Corporation, et al., Case No. 7:19-cv-05484, in the U.S. District Court for the Southern District of New York.
Philip L. Fraietta
pfraietta@bursor.com
646-837-7142
Bursor & Fisher, P.A.
888 Seventh Avenue
New York, NY 10019
Philip L. Fraietta is a Partner with Bursor & Fisher, P.A. Phil focuses his practice on data privacy, complex business litigation, consumer class actions, and employment law disputes.
Phil has significant experience in litigating consumer class actions, particularly those involving data privacy claims. Since 2016,
Phil has settled five state privacy law actions on a class-wide basis for a total of over $95 million in settlement value for class members.
In addition to data privacy claims, Phil has significant experience in litigating and settling class action claims involving dietary supplements.