A US resident is suing broadband provider
Comcast
claiming that the firm limits the bandwidth of customers who use peer-to-peer
software.
The lawsuit, filed by Jon Hart, claims that Comcast has breached its contract
and breached the covenant of good faith and fair dealing.
Comcast is also accused of breaking Business and Professions Code 17200 and
falling foul of the Consumer Legal Remedies Act.
Hart has asked for a jury trial and names all other similarly affected
customers in the hope of starting a class action suit.
The legal filing states that broadband companies market their services as
operating at "lightening fast" and "mind blowing" speeds with "unfettered access
to all the internet has to offer".
"Nevertheless, defendants intentionally and severely impede the use of
certain internet applications by their customers, slowing such applications to a
mere crawl or stopping them altogether," the legal document states.
Hart also claimed that the practice of sending unauthorised messages to a PC
to stop those applications violates the Computer Fraud and Abuse Act.
He claims that the 22-page terms and conditions he had to agree to when
signing up for Comcast's Performance Plus package do not mention that certain
applications will be blocked.
Hart described the company's actions as "immoral, unethical, oppressive,
unscrupulous and/or substantially injurious to consumers".
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