Comcast Set-Top Box Antitrust Litigation

Court: United States District Court for the Eastern District of Pennsylvania

In re Comcast Corp. Set Top Cable Television Box Antitrust Litigation, Case No.: 2:09-MD-02034-AB

Wexler Boley & Elgersma brought this consumer class action on behalf of Comcast customers who purchased premium cable services from Comcast, but were forced to rent a set-top box from Comcast in order to view or access these services.  As initially pled, the case alleged that these practices violated state and federal antitrust laws.

Since the original complaint was filed, the contours of the case were significantly reshaped by the United States Supreme Court’s pronouncements on forced arbitration.  Ultimately, the parties settled on behalf of a three-state class, as well as opt-outs from Comcast’s arbitration clause.  The district court refused to certify the Class on “ascertainability” grounds, but that decision was reversed on appeal by the United States Court of Appeals for the Third Circuit.