Plaintiff in Charter Cable Surcharges Suit Fighting Arbitration Motion
The arbitration clause in Time Warner Cable's customer agreement is "fatally overbroad and unconscionable" under California law, said subscriber Michael Song -- suing TWC parent Charter Communications -- in opposition (in Pacer) to Charter's motion to compel arbitration posted Monday…
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in U.S. District Court in San Diego. Song said the arbitrability reference in the customer agreement doesn't clearly and unambiguously give arbitrators the right to determine claims for injunctive orders and consigning such an injunctive order to arbitration would be contrary to the Federal Arbitration Act. Song alleges Charter is deceptively advertising cable TV at lower-than-actual prices, then concealing broadcast TV and sports surcharges in its ads, contracts and bills. Counsel for the cable operator didn't comment Tuesday.