A class action settlement has been reached in a class action lawsuit against Comcast in the Circuit Court of the State of Oregon, Multnomah County (styled Hochstetler et al. v. Comcast of California/Colorado/Florida/Oregon, Inc. et al., Class Action Case No. 0407-07245) alleging, among other things, that late fees and/or administrative fees charged by Comcast to delinquent cable television subscribers between July 15, 2003 and November 22, 2010 (“Late Fees”) failed to comply with the timing and disclosure requirements of ORS 646.649 (the “Late Fee Statute”).
The Comcast late fee and administration fee class action lawsuit settlement class includes the following persons, unless otherwise excluded:
All current and former Oregon residents who are or were Comcast cable television subscribers in Oregon on or after July 15, 2003, and who, during the period July 15, 2003 through the date of the Court’s Preliminary Approval, paid late fees to Comcast (“Settlement Class”).
According to the notice: “Any Current Subscriber who paid one or more Late Fees to Comcast during the Class Period will be entitled, upon submission of a valid Claim Form, to receive a credit towards their account of U.S. Sixteen Dollars and Zero Cents ($16.00) per Late Fee. For any claims in excess of two (2) Late Fees paid to Comcast during the Class Period, Current Subscribers also must submit proof of payment for each additional Late Fee paid during the Class Period or affirm upon oath before a notary public the number of Late Fees paid.
Any Former Subscriber who paid one or more Late Fees to Comcast during the Class Period will be entitled, upon submission of a valid Claim Form, to a payment in the amount of U.S. Sixteen Dollars and Zero Cents ($16.00) per Late Fee. For any claims in excess of two (2) Late Fees paid to Comcast during the Class Period, Former Subscribers also must submit proof of payment for each additional Late Fee paid during the Class Period or affirm upon oath before a notary public the number of Late Fees paid. Payments are available to a Former Subscriber only if he/she is not indebted to Comcast or any of the Comcast Affiliated Entities. In the event of indebtedness, the amount of any refund shall serve to reduce the amount of the Former Subscriber’s indebtedness. If there is any remainder after the deduction of the indebtedness, Comcast shall send the balance to the Former Subscriber. If the Former Subscriber’s check is reduced due to any indebtedness, Comcast will advise the Former Subscriber: (a) that the refund amount has been reduced, and (b) that the Former Subscriber has fourteen (14) days from the notice to contest the indebtedness. If any Former Subscriber is dissatisfied with the resolution of his or her contest, such dispute shall be resolved by the Court.”
If the amount of valid claims received by the Class Administrator exceeds Twenty-Three Million Dollars and Zero Cents ($23,000,000.00), the value of claims will be pro rata reduced to limit the recovery to the Class.
At 8:45 a.m. on May 2, 2011, a hearing will be held on the fairness of the proposed Comcast late fee and administration fee class action lawsuit settlement before Judge Richard C. Baldwin, in the Circuit Court of the State of Oregon for the County of Multnomah, 1021 SW Fourth Avenue, Room 228, Portland, OR 97204 to determine whether the proposed settlement is fair, reasonable, and adequate and should be finally approved, whether to award attorney’s fees to Class Counsel as provided for in the Settlement Agreement, and whether to enter a final judgment and dismiss the Lawsuit.
For more information about the Comcast late fee and administration fee class action lawsuit settlement, including information about how to participate in, be excluded from (or opt out of) or comment on or object to the Comcast late fee class action settlement, visit the Comcast late fee class action settlement website:
www.oregonlatefeesettlement.com
