CENTRAL ISLIP, N.Y. (Legal Newsline) – A federal judge has granted Cablevision System Corp.'s motion to compel arbitration in a lawsuit brought by a New York subscriber who alleged negligent misrepresentation.
In an April 25 ruling, U.S. District Judge Joan M. Azrack for the Eastern District of New York said that Christopher Krafczek’s “decision to opt-out of the March 2017 arbitration provision has no effect on the agreement to arbitrate entered into in December 2014.”
Azrack also dismissed the Krafczek’s class claims and stayed the litigation.
The decision comes after Krafczek filed a March 2017 complaint, individually and on behalf of all others similarly situated, in Nassau County Superior Court against Cablevision and Neptune Holdings US Corp., doing business as Altice USA. Cablevision provides internet, television and voice services through its Optimum brand. Altice acquired Cablevision in June 2016 and currently provides Optimum services to customers.
At the time of installation, Optimum’s terms included an arbitration provision, which said, “You agree that by entering into this agreement, you and Cablevision each waive the right to a trial by jury and the right to participate in a class, representative or private attorney general action.”
The complaint states the cable company changed its billing practices for consumers to add to its profits. Cablevision removed the case to district court in May 2017.
The lawsuit states that Krafczek, a customer between December 2014 and December 2016, was damaged financially because the defendants allegedly failed to tell costumers about changes in their billing practice.
He was seeking restitution and disgorgement; actual, statutory and punitive damages; interest, attorneys' fees and all other just relief. He was represented by attorneys Marisa K. Glass and John A. Yanchunis of Morgan & Morgan Complex Litigation Group in Tampa, Florida.
The defendants are represented by Archis A. Parasharami, Daniel E. Jones and Matthew D. Ingber of Mayer Brown LLP in Washington, D.C.