NY Broadband Speed Suit Against Charter Moved to Federal Court
A lawsuit by the New York attorney general alleging Charter Communications deliberately lied to customers about internet speeds (see 1702010048) has moved from New York Supreme Court to U.S. District Court in Manhattan. In a notice (in Pacer) of removal…
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Friday, Charter said the claims, while citing New York state law, "actually arise under federal law" since the FCC regulates broadband internet access service speeds, including representations of those speeds. Section 207 of the Communications Act also allows litigating the conduct New York says is deceptive, Charter said. It said Congress barred other federal regulators from regulating common carriers regarding deceptive acts or practices, and that prohibition would be undercut if, instead of the FTC, state AGs were permitted to sue, Charter said.