SANTA ANA, Calif. (Legal Newsline) – A California consumer alleges an internet service provider misleads consumers by promising internet speeds it could not reliably deliver.
David Ehrman, individually and on behalf of all others similarly situated filed a complaint May 9 in the Orange County Superior Court against Cox Communications Inc. and Does 1 through 25 alleging violation of False Advertising Law, Consumers Legal Remedies Act and Unfair Competition Law.
According to the complaint, the plaintiff alleges that he purchased defendant's internet service in reliance on defendant's advertisements of speed, functionality and reliability. He alleges the defendant's "up to" speeds advertised are false and misleading as they are based on the maximum potential for wired internet connection and don't disclose customers using a wireless device will never achieve the "up to" speed.
The plaintiff holds Cox Communications Inc. and Does 1 through 25 responsible because the defendant allegedly omitted material information from their advertisements and related statements related to residential Internet speeds.
The plaintiff requests a trial by jury and seeks award of actual and punitive damages, restitution and disgorgement, pre- and post-judgment interest, attorneys' fees, and further relief as the court may deem just and proper. He is represented by Jamin S. Soderstrom of Soderstrom Law PC in Irvine, California.
The case was transferred to the U.S. District Court for the Central District of California on June 22.
U.S. District Court for the Central District of California case number 8:18-cv-01125-JVS-DFM