Slashdot Mirror


New York Sues Charter Over Slow Internet Speeds (reuters.com)

An anonymous reader quotes a report from Reuters: New York filed a lawsuit on Wednesday accusing Charter Communications Inc of short-changing customers who were promised faster internet speeds than it could deliver. The lawsuit in State Supreme Court in Manhattan accused Charter's Spectrum unit, until recently known as Time Warner Cable, of systematically defrauding customers since 2012 by promising and charging for services it knew it could not offer. At least 640,000 subscribers signed up for high-speed plans but got slower speeds, and many subscribers were unable to access promised online content such as Facebook, Netflix, YouTube and various gaming platforms, the complaint said. The lawsuit seeks "full restitution" for customers, as well as hefty civil fines. Among the allegations in the complaint was an accusation that Time Warner Cable leased older-generation modems to 900,000 subscribers knowing that the modems could not achieve faster internet speeds.

69 comments

  1. Justice Boner by nobuddy · · Score: 4, Insightful

    I would love to see them nailed hard for this, prompting cities in their little mini-monopolies to follow suit all across the country. They won't, bribes will be paid and it will go away. But man, wouldn't it be sweet if it did happen.

  2. Well, bummer by Anonymous Coward · · Score: 0

    Well, that's a bummer. I guess it all depends on the area you happen to live in. In my area Charter is always (always) faster than the advertise and is far and away the fastest (and best priced) service in the area. If they get sued out of business the maximum speed available in my area will suddenly be 10x (not exaggerating) slower than it currently is, and will cost the same amount for that "10% of what you used to have."

    1. Re:Well, bummer by Anonymous Coward · · Score: 0

      Mr. Allen? Is that you?

    2. Re:Well, bummer by Anonymous Coward · · Score: 1

      Yes, can agree. Mod parent up.

      P.S. Also, did you get the raise in shill money they promised us? Because I didn't.

  3. Don't worry by Anonymous Coward · · Score: 0

    Hush, consumer, this will all be better when the bigger Charterizon monopoly is formed. Regulations are bad! Bigly business is good!

  4. Do it! Sue everything off those bastards! by Anonymous Coward · · Score: 1

    I want to see those scammers, thieves and traitors hung! ... wait. what do you mean "everything's okay now"?

    What's that big bag with a dollar sign on it? Where are you going?

  5. Better Summary for Nerds by bengoerz · · Score: 5, Interesting

    We're nerds. Lets summarize like it:

    Charter customers with 100+Mbps plans were leased old-spec modems that couldn't support those speeds. Charter promised the FCC that it would swap the modems, and the FCC excluded speedtest results from these users from national averages. Fast forward: Charter didn't switch the modems. Now NY State is suing it for defrauding customers.

    1. Re:Better Summary for Nerds by Anonymous Coward · · Score: 2, Interesting

      Is California having a similar lawsuit? I just signed up for their Spectrum service, was promised to receive 100 Mbps, but have consistently gotten less than 40 Mbps since day one. The alternative is Frontier at the same price for a tenth the speed, but obviously, we consumers should be getting what we're paying for, right?

    2. Re: Better Summary for Nerds by Anonymous Coward · · Score: 2, Informative

      I had that issue with Charter as well.
      To resolve it just required a call and they changed the provisioning on their end.

      Have had 100-150 Mb/s down since that call.

      Also make sure your modem is a newer docsis supported modem.

      If you are leading it you can just go to the local Charter location or have them send a tech to swap it.

    3. Re:Better Summary for Nerds by Anonymous Coward · · Score: 0

      ... FCC excluded speed-test results from these users ...

      Why? If the government is willing to ignore the lower quality service, there's no incentive for Charter to improve quality. Worse, it looks like the FCC ignored this fraud for five years. Once again, customers are screwed because corporations know they're not going to be held accountable.

    4. Re:Better Summary for Nerds by Anonymous Coward · · Score: 1

      ... Peak speed or average speed.

      For obvious reasons it's peak speeds; a big number also looks good on the promotional material. Best of all, the provider can then supply a much lower average speed.

      ... The NY state government does not.

      Neither do Charter modems. If Charter had supplied the correct modems and oversold the bandwidth, the NY city would have a less righteous case.

    5. Re: Better Summary for Nerds by Anonymous Coward · · Score: 0

      That tired old BS?
      They've had plenty of time to increase capacity. They've been paid more than enough money for it. Something like peak vs average performance should be a thing of the past. We've been getting a few MBps since the late 90's. We've been paying more and getting the same for too long. This isn't a scarce resource we're talking about. They can run more lines. They have been paid.

    6. Re:Better Summary for Nerds by Imrik · · Score: 1

      Peak speed, it was impossible for these customers to get the speed they paid for even if no one else was using the network.

    7. Re:Better Summary for Nerds by alvinrod · · Score: 2

      I recently found myself in a similar situation where I was on a plan where I couldn't get the maximum speed because I had and old cable modem (DOCSIS 2.0, yeah it's old) that couldn't support the speed that I was getting. I didn't realize this until I had called in about an unrelated issue and the tech (bog bless him for being a decent lad, despite working in the whore pits at the local cable monopoly) noted that irregularity. Not that it really mattered because I had signed up for the 500 GB plan years ago (at the time it seemed like an unlimited amount) and despite the speed being increased tenfold over the years since I first started service with the company, my bandwidth cap hasn't budged at all. I upgraded to a newer modem, but really it's like driving a faster car down the same toll road with a brick wall at the end. I can't go any further, but I can hit the wall a lot faster.

    8. Re:Better Summary for Nerds by Anonymous Coward · · Score: 1

      The NY state government does not.

      Eric Schneiderman sure as hell does. He successfully sued banks for performing illegal foreclosures. He successfully sued medical practitioners committing Medicare fraud. He successfully sued companies for posting fake online reviews of their own products and services. He successfully cracked down on fraudsters and tax cheats. He's successfully sued Trump University for violating state laws (oh wait, I already mentioned fraudsters and tax cheats). And his office is currently soliciting complaints from people who can demonstrate a loss of either time or income due to Windows 10's sneaky installation process, which means he's probably going to sue Microsoft over Windows 10.

      This guy is on the peoples' side.

    9. Re:Better Summary for Nerds by omnichad · · Score: 2

      If you're talking Frontier that was former Verizon FiOS territory, avoid it like the plague. The constant outages that I've heard about there since the switchover has been worse than anything Charter is doing.

    10. Re:Better Summary for Nerds by Highdude702 · · Score: 1

      Yes ive noticed that alot of the people commenting on this apparently know the difference between DOCSIS 2.0 and 3.0 and the speeds they bring

    11. Re:Better Summary for Nerds by Highdude702 · · Score: 2

      Yes ive noticed that alot of the people commenting on this apparently don't know the difference between DOCSIS 2.0 and 3.0 and the speeds they bring... oops.

    12. Re:Better Summary for Nerds by twotacocombo · · Score: 1

      I just signed up for their Spectrum service, was promised to receive 100 Mbps, but have consistently gotten less than 40 Mbps since day one.

      Did they promise 100Mbps, or "up to 100Mbps"? That's always been their game. "We'll give you 'up to' the advertised speed, but that includes anything down to and including zero". On a side note, have them come out and check your wire. I'm about to call them again to have them replace the line from the pole for the third time. They just can't hang those things to save their lives, and two of them have broken at the anchor point on my eaves. This third one they ran directly through a bushy tree, and the wind is tearing it up.

    13. Re:Better Summary for Nerds by nobuddy · · Score: 1

      And they need to have the pants sued off of them for that shit.

    14. Re: Better Summary for Nerds by peawormsworth · · Score: 1

      Right. Because customers should have to call and complain in order to receive the service they asked for.

      It seems pretty obvious that this company is intentionally selling one thing and then swapping it for something less. If you paid for high speed service but didn't receive it, then you should get money back from them for the service they did not deliver.

  6. TWC $old out just in time by turkeydance · · Score: 1

    let Charter handle the leftovers.

    1. Re:TWC $old out just in time by Anonymous Coward · · Score: 0

      Comcast dodged a bullet not getting TWC.

      One (of many things excluding residential cable customer relations) gets right is its network, it totally rocks the show with excellent technology and performance.

  7. speeds "up to".... by Anonymous Coward · · Score: 1

    is how they've advertised for years. not since the earlier days of charter "pipeline" or time warner "roadrunner" (their previous brandings of high speed internet) have either company used 'unlimited'; and i dont recall any advertising (back then or now) that hasn't included "up to" or a significant disclaimer regarding speeds.

    yes, charter sucks donkey ass and time warner sucks cock for bus money then walks home... but as misleading as their promos are -- they're barely on the side being legal.

    what they need to do is dump term agreements and bundles and start putting "regular prices" back on their web sites, marketing materials and rate sheets.. next to the too-low-to-believe advertised 'special' prices.

    1. Re:speeds "up to".... by jxander · · Score: 5, Insightful

      Yeah, but "up to" implies that the possibility exists, even if you'll never actually see it.

      An old DOCISS 2.0 modem has a hard cap of 38 Mbps down, 27 Mbps up. That's simply the spec. Giving someone that modem and promising speeds "up to 100 Mbit/s" is flatly incorrect and false advertising.

      Or, to take things to their hyperbolic ends, imaging promoting a 56k dialup service with "speeds up to 10 Gbit/s." All the semantic loopholes wouldn't let that fly.

      --
      This signature is false.
    2. Re:speeds "up to".... by Anonymous Coward · · Score: 0

      The "upto" thing can realistically be applied to DSL as its max speed is dependent on the line conditions.

      Cable is a bit different not withstanding the limitations of your DOCSIS version.

    3. Re:speeds "up to".... by sjames · · Score: 2

      Up to isn't get out of jail free. The "up to" speed needs to be at least theoretically possible given the equipment in use even if it would require perfect conditions never seen in nature.

      That is not the case here since the modems they're providing cannot provide the up to speed under any conditions.

    4. Re:speeds "up to".... by Anonymous Coward · · Score: 0

      Why use the crappy leased equipment? Why not purchase your own modem with better specs? That way, you own the hardware and you control the settings. Does Charter force users to use their crappy leased modems?

    5. Re:speeds "up to".... by omnichad · · Score: 1

      Does Charter force users to use their crappy leased modems?

      They tried (by making the lease $0), but they abandoned that. It was the only way they could get the old DOCSIS 1 & 2 modems off the network.

    6. Re: speeds "up to".... by Anonymous Coward · · Score: 0

      Yes, they do

    7. Re:speeds "up to".... by jxander · · Score: 1

      Doesn't matter. If they advertise speeds up to X, they should only provide equipment capable of X.

      --
      This signature is false.
    8. Re:speeds "up to".... by Anonymous Coward · · Score: 0

      Agreed. It's not a real semantic loophole even, merely an equivocal attempt to mislead. "Up to" does not mean "no more than" - it either does go up to 100 Mbps, in which case you have a reasonable expectation that actually will near or exceed 100 Mbps most of the time provided that the sender is actually transmitting at least that fast, or it doesn't go up to 100 Mbps at all.

    9. Re:speeds "up to".... by Cowclops · · Score: 1

      I remember a few years ago, I was waiting for Docsis 3 based services to come out like their 30/5 and 50/5. In the mean time they offered me 20x2 over the phone. I ended up going on their web site and signed up for it where it was also advertised as 20x2.

      Once I started using it, i got a consistent 20x1 on speed test. I thought something was provisioned wrong accidentally. Turns out, even though they advertised it as 20x2 even on a screen only accessable AFTER you log in (i.e. where you're picking which speeds you want to upgrade to), it was "actually 20x1 some places and 20x2 other places."

      They were implying that because the speeds were "up to" 20x2, they had no duty to let me know that the upload speed in my area would only be 20x1 - exactly what I was already getting before I upgraded, and I was only upgrading for the upload speed boost.

      The wording needs to be considered as a reasonably informed person would - not a know-nothing devils advocate or strict computer interpretation of the rules."Speeds up to" has the implication of "This is the maximum we allow, but network congestion may limit it." If they're capping you to 1 mbit per second, its not up to 2 mbits, its up to 1 - you will never see 2, even at uncongested times.

      No reasonable person expects a residential internet connection to be guarenteed to operate at its full rated speed 24/7/365, but the same reasonable person expects that they should be able to get the rated speed at low congestion times. I called them out for bait and switch and they gave me the higher speed for like 2 years free.

      And if they're going to offer different products under the same brand name in different areas, they damn well better make sure the product they're offering YOU as a result of entering your login information is the right one, and not a superior one thats actually not really available.

    10. Re:speeds "up to".... by sims+2 · · Score: 1

      Sounds kind of like what att does here 12Mbps uverse service has 1.5Mbps upload in most places but here it's just 1Mbps as a result of it being ADSL2+ instead of one of the other specs that they also call uverse.

      Of course they also advertise the ADSL2+ service as fiber optic and they advertise their uverse VoIP as fiber optic phone service even though its run through the same ADSL2+ connection.

      --
      Minimum threshold fixed. Thanks!
    11. Re:speeds "up to".... by The-Ixian · · Score: 2

      I remember when I was with Frontier they told me "sure, you can have your own modem, but you still have to pay the rental fee". This is even when I offered to return my modem to them.

      --
      My eyes reflect the stars and a smile lights up my face.
  8. Dear City of New York. by Lumpy · · Score: 4, Insightful

    You did this to your self. Community internet was BANNED by your corrupt city in favor of these scumbag companies.
    This kind of scumbag bullshit has been going on in cities by so called leaders for years because you prefer to get your palms greased by the big cable companies.

    --
    Do not look at laser with remaining good eye.
    1. Re:Dear City of New York. by Anonymous Coward · · Score: 1

      You did this to your self. Community internet was BANNED by your corrupt city in favor of these scumbag companies.
      This kind of scumbag bullshit has been going on in cities by so called leaders for years because you prefer to get your palms greased by the big cable companies.

      Don't worry, if any community DARES to try to develop its own ISP, and serve its citizens, then the state or federal government will step in to save them.

    2. Re:Dear City of New York. by Anonymous Coward · · Score: 0

      And now the city is going to get a huge payday out of it while gaining far more PR than it lost. And next year all the communication companies will make sure to send in more campaign contributions than they did this year. Mission accomplished on multiple levels!

    3. Re:Dear City of New York. by Anonymous Coward · · Score: 1

      State of New York is sueing, not City of New York. Court is in Manhattan but the Attorney General is the New York State Attorney General.

    4. Re:Dear City of New York. by Anonymous Coward · · Score: 0

      state of new york ALSO has laws making community internet ILLEGAL.

      Same corrupt bullshit from the same corrupt assholes in power.

  9. destroy the FCC by Anonymous Coward · · Score: 0

    Make America great again with Showers of Gold!! Herp derp

    Fucks you trumpanzees voters

  10. If this is a technical issue please press three by mmell · · Score: 2

    And prepare to wait for a lo-o-ong time . . .

  11. Cutomer Service by Anonymous Coward · · Score: 0

    While we are at it, can we also sue the cable companies, Verizon, Comcast, Charter, etc. for poor customer service.

  12. Not Delvering... by Anonymous Coward · · Score: 0

    The tricks of smoke and mirrors and vague specifications in contracts, along with LOCALIZED monopolies
    are what all of the biggies have been doing for years. When one version gets caught, they change to another version.
    So the customers still get shilled.
    City contracts, and small municipalities are targeted because of the legal cost of a fight.
    If enough people go offline for a month or two, then see what the deals are changed to. Could be good.
    Without making Internet access a utlity, it is the only way to try to get reasonable costs.

  13. Re:destroy the FCC by wkwilley2 · · Score: 1, Offtopic

    And this ^^^^ is why no one takes liberals seriously.

    --
    Have you ever fallen asleep at the keybhanusdiog?
  14. An Improvement by wkwilley2 · · Score: 1

    When I originally moved into my house in 2011, we had charter and it was terrible.

    I live at the edge of the earth, so I gladly jumped at 12mbps internet over the 5mbps that Verizon was offering with DSL. Sadly it only went 2-3mbps when the ping wasn't >1000ms.

    Fast forward to today, they offer 60mbps in my area, I give a shot again, and this time it actually works great, without any hitches.

    I'm not sure what they fixed in my area, but I'm glad they did.

    --
    Have you ever fallen asleep at the keybhanusdiog?
  15. Re: Monopoly-Meme Boner by Anonymous Coward · · Score: 1

    He did say he don't think they will prevail...

    So sorry to inform you, you just went off pre-maturely. If that happens too often you should see a doctor. There's good help theses days for the condition.

  16. Don't live in NY, but... by ElectricHellKnight · · Score: 1

    Am I allowed to defend a big company on Slashdot and not be accused of being a shill?

    Charter is easily the best ISP, at least in my area (and from what I've heard, it is in many places). They're the only ones that actually gives you the advertised speeds. They guarantee 60Mbps over wired connections, not wireless, but wireless is usually damn near as good with a quality router. My guess with New York is that some of the modems they gave to customers weren't up to the latest DOCSIS specs.

    Also, the wording of the article is odd. To paraphrase, it basically at one point says customers couldn't use sites like Facebook. I don't get that. Just because speeds are slow doesn't mean you flat out can't access websites. It's just suspicious wording.

    I had AT&T for a little while and it sucked ass. Pay for 40Mpbs? Oh okay, here's 20 on a good day. And it was only just slightly cheaper. What are the alternatives? We all know Comcast is dog shit. I've been very happy with Charter, and it only keeps getting faster.

    1. Re:Don't live in NY, but... by Anonymous Coward · · Score: 0

      You may be on to something here. The lawsuit targets a time before Charter took over TimeWarner Cable in New York. Part of the takeover was an agreement that Charter invests significantly into infrastructure and equipment. While Charter is on the hook here, it really is the failure of TimeWarner Cable. I had TWC, it was horrible and expensive. Now I got Verizon FiOS, still ridiculously expensive, but it at least works well.

    2. Re:Don't live in NY, but... by Ingenium13 · · Score: 1

      Can you get Verizon FIOS? Other than the lack of IPv6, I haven't had any issues with them. I consistently get the 150/150 that I pay for. In fact it's seemingly provisioned to about 152/165 or so. Comcast came knocking asking if we'd switch.... I asked if they could match the upload speed, and that was the end of the conversation. I run a lot of personal servers out of my home (via VPN), so the symmetrical connection is great, even if I just need a VPN to route my traffic through on insecure networks. I haven't yet found a VPS that can sustain that level of bandwidth both up and down (I've tried Linode, Digital Ocean, and Prgmr. Prgmr has the highest consistent bandwidth of the 3).

    3. Re:Don't live in NY, but... by Anonymous Coward · · Score: 0

      Maybe where you are, but Charter sucks here. Our office uses it, and experiences outages an average of several times a month. It's just isn't reliable here. And where I live, it's just as unreliable. My former employer's security guy could work from home, if he had a consistent connection. His Charter connection disconnect for a couple of hours each week, so it's in to the office for him.

    4. Re:Don't live in NY, but... by ElectricHellKnight · · Score: 1

      There's no FIOS in Midwestville, Flyover where I live. That's the big advantage of the cable company over fiber optic: there's usually cable in all but the most rural of areas. Also, FIOS starts at $70 a month for 50Mbps, whereas Charter Spectrum starts at $45 for 60.

  17. West Virginia did this with Frontier by Anonymous Coward · · Score: 1

    Frontier DSL took over in WV back in 2010 when Verizon bailed on the state after years of neglecting their infrastructure. Their base plan at the time was a 3mbps plan at $65/mo, which when I was on it I was lucky to get 1.5mpbs. Usually I got between 512-768kbps. They "upgraded" the plan to 6mbps at some point, but I never saw any actual performance increase. I wasn't the only one either, because in 2014 West Virginia threatened to sue Frontier for failing to deliver anywhere near their advertised rates. Of course, Frontier settled out of court, rates for customers that weren't getting anywhere near their advertised speeds got reduced to $10/mo, and Frontier "promised" to invest $150million into fixing their infrastructure over the next 3 years.

    Six months after that rate decrease went into effect I was getting less than 128kbps, and at times I was speed testing at less than 56k. The internet became almost unusable, and using my phone for 3G service was preferable to using the land line. To no one's surprise, that was also when Time Warner decided that they actually did service my house when for 6 years they'd told me that they didn't even though my house had Time Warner with its previous owner and my neighbor still had them. So I switched, and now I'm on a 25mbps pan for $45/mo, and it actually delivers consistently.

    Of course, this isn't the only trouble Frontier ran into in our state. They were also investigated for misuse of federal and state funds that were supposed to be going towards expanding their network but didn't.

  18. Wait, what? by Anonymous Coward · · Score: 0

    Leased modem? Why on earth would you want to lease a modem? Don't you guys get those free when you sign up? Heck, I didn't even change providers and TalkTalk sent me out a free-of-charge modem because I hadn't had one in a while.

    1. Re:Wait, what? by Wootery · · Score: 1

      To clarify, AC here is talking about the UK. And it's true: it's standard to get a modem for free with any broadband package. In fact, it's hard not to get one: some providers require that you use their equipment.

    2. Re:Wait, what? by Anonymous Coward · · Score: 0

      Where free = "real cost is included in the price you're paying for the service."

    3. Re:Wait, what? by Wootery · · Score: 1

      Yes, definitely. It's pretty annoying: I'd rather have a £40 discount than yet another modem-router.

  19. Re:destroy the FCC by Anonymous Coward · · Score: 0

    Incorrect to assume that someone is a liberal based on that statement. This is why Conservatives are not taking seriously; misuse of the word liberal left and right as well as applying it to anything and everything in an attempt to demonize the word.

    Here is a small hint, both civics wise and correct definition use, liberalism is why you can say dumb crap like that without government repercussion (and if society is smart, the same aspect applies).

  20. Sue all of the internet providers by Anonymous Coward · · Score: 0

    That case should include all internet providers. They all can do better and especially charge less. How come that places like Germany can have internet speeds three times higher while charging customers three times less than what we got here?

  21. Ban them from doing business by BitZtream · · Score: 0, Interesting

    In that area, take away all of their lines in the ground and nationalize them, make the infrastructure available to anyone.

    When you, as a corporation intentionally defraud the public, you loose any infrastructure that supported that defrauding directly, and possible infrastructure that helped indirectly.

    After a few of them lose an entire city like New York for some stupid bullshit like this, they'll change their bullshit tune.

    Until they actually get punished, nothing is going to change.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  22. Buffer bloat by FrankHaynes · · Score: 1

    I wonder how much of this can be blamed on Buffer Bloat?

    --
    slashdot: A failed experiment.
    1. Re:Buffer bloat by Highdude702 · · Score: 2

      Absolutely 0.

      Docsis 2.0 cap 42.88 (38) Mbit/s limited to 1 channel.

      Docsis 3.0 cap m × 42.88 (m × 38) Mbit/s m=minimum of 4 channels theoretically unlimited ammount of channels.

      Source - https://en.wikipedia.org/wiki/...

  23. It goes far beyond that.... by PortHaven · · Score: 1

    Comcast....

    25 mbps - Can't stream Netflix in 3D.

    Drop plan to 3 mbps, next week Netflix pays Comcast. Suddenly, the very next day my 3 mbps connection is adequate to stream 3D content.

    The thing is, I paid Comcast for 25 mbps service. I was not getting it. They manipulate the speeds. And it goes beyond the disclaimer that said speeds may not always be available. We understand outages, slowdowns, peak periods, etc. But when they are NEVER available. But you can turn around and hit a popular speed test site and Comcast with show you 25 - 50 mbps.

    The modems are merely an excuse.

  24. Required cable co modem by Spamalope · · Score: 2

    Comcast in Houston makes using their box mandatory if you have a fixed IP. They told me I could use my own box, advertise that on the website and only mentioned the restriction once I wanted to install the replacement (picked from their recommended list!).

  25. So by BitztreamNotARealNam · · Score: 0, Troll

    How's life in the hypocrite lane?

  26. Enough by Anonymous Coward · · Score: 0

    640K subscribers should be enough for any company.

    Wise captcha: gumming