Thibodeau v. Comcast Corp.

14 Pa. D. & C.5th 432
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJune 21, 2010
Docketno. 04526
StatusPublished

This text of 14 Pa. D. & C.5th 432 (Thibodeau v. Comcast Corp.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thibodeau v. Comcast Corp., 14 Pa. D. & C.5th 432 (Pa. Super. Ct. 2010).

Opinion

BERNSTEIN, J,

On March 19,2004, Comcast cable customer Philip Thibodeau filed a class action complaint against defendants Comcast Corporation, Comcast Cable Communications Inc., Comcast Holdings Corporation, Comcast Cable Communications Holdings Inc., Comcast Cable Holdings LLC, Comcast MO Group Inc., Comcast MO of Delaware Inc., and Comcast of Massachusetts II Inc., (collectively defendants). On September 11, 2007, Philip Steinberg filed a petition to intervene as a representative plaintiff. On October 9, 2007, the court granted Steinberg’s petition to intervene.

On November 15, 2007, Thibodeau and Steinberg (collectively representative plaintiffs) filed an amended complaint that alleged the following six counts: (I) Unfair Trade Practices and Consumer Protection Law Violations; (II) breach of contract; (III) unconscionability; (IV) unjust enrichment; (V) accounting; and (VI) constructive trust. Plaintiffs’ claims that survived preliminaiy objections and motions for summary judgment are counts (II) breach of contract; (IV) unjust enrichment; and (V) [435]*435accounting. Plaintiffs filed amotion for class certification on August 29, 2008. A certification hearing was held on September 29,2009. OnApril 12,2010, the court denied plaintiffs’ motion for class certification and found plaintiffs failed to meet the typicality, commonality, or numerosity requirements of Rule 1702 of the Pennsylvania Rules of Civil Procedure. On May 12, 2010, plaintiffs filed an appeal.

Representative plaintiffs and class members are current or former subscribers of Comcast or its predecessors from March 20, 1998 to the present (class period). During the class period, representative plaintiffs and class members were subscribers of defendants’ cable services under standardized contracts.

The requested class definition was “all current and former home cable television subscribers to defendant Comcast Corporation or any other defendant or their predecessors in the States of Pennsylvania, Massachusetts, Colorado, Connecticut, Minnesota, New Jersey, Ohio, Oregon, Vermont, and Wisconsin who had a cable converter box and/or remote control installed from March 20,1998, to the present, and who during this period paid rental fees for this equipment during months when they received standard basic or any other tier of service, all of whose channels are unscrambled, except that Pennsylvania subscribers must have made such payments on or after March 20,2000. Colorado subscribers must have made such payments on or after March 20, 2001.”1 The [436]*436differences in date are due to the differences in the applicable statute of limitations.

The amended complaint alleged defendants improperly collected and retained fees from class members for the rental of converter boxes and remote controls which were unnecessary because the class members owned cable-ready televisions or VCRs capable of receiving basic programming without such equipment.

Plaintiffs claimed defendants failed to offer class members cable service without unnecessary equipment. Plaintiffs further claimed defendants failed to adequately notify class members of alternatives to converter boxes such as using universal remote controls available for cable-ready televisions or VCRs. Plaintiffs claimed defendants also failed to adequately notify class members when they no longer needed to rent converter boxes or remote controls. Plaintiffs alternatively claimed defendants charged class members more than the fair rental value of the equipment. Finally, plaintiffs claimed federal law prohibited defendants from purporting to bind subscribers to any contract which required payment for equipment subscribers did not affirmatively request.2

The purpose of class action lawsuits is “to provide a means by which the claims of many individuals could be resolved at one time, thereby eliminating the possibility of repetitious litigation and providing small claimants with a method to seek compensation for claims that [437]*437would otherwise be too small to litigate.” DiLucido v. Terminix International Inc., 450 Pa. Super. 393, 397, 676 A.2d 1237, 1239 (1996). For a suit to proceed as a class action, Rule 1702 of the Pennsylvania Rules of Civil Procedure requires that five criteria be met:

“(1) the class is so numerous that joinder of all members is impracticable;
“(2) there are questions of law or fact common to the class;
“(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class;
“(4) the representative parties will fairly and adequately assert and protect the interests of the class under the criteria set forth in Rule 1709;
“(5) a class action provides a fair and efficient method for adjudication of the controversy under the criteria set forth in Rule 1708.”

Rfile 1708 of the Pennsylvania Rules of Civil Procedure requires:

“In determining whether a class action is a fair and efficient method of adjudicating the controversy, the court shall consider among other matters the criteria set forth [below]
“(a) Where monetary recovery alone is sought, the court shall consider
“(1) whether common questions of law or fact predominate over any question affecting only individual members;
[438]*438“(2) the size of the class and the difficulties likely to be encountered in the management of the action as a class action;
“(3) whether the prosecution of separate actions by or against individual members of the class would create a risk of
“(i) inconsistent or varying adjudications with respect to individual members of the class which would confront the party opposing the class with incompatible standards of conduct;
“(ii) adjudications with respect to individual members of the class which would as a practical matter be dis-positive of the interests of other members not parties to the adjudications or substantially impair or impede their ability to protect their interests;
“(4) the extent and nature of any litigation already commenced by or against members of the class involving any of the same issues;
“(5) whether the particular forum is appropriate for the litigation of the claims of the entire class;
“(6) whether in view of the complexities of the issues or the expenses of litigation the separate claims of individual class members are insufficient in amount to support separate actions;
“(7) whether it is likely that the amount which may be recovered by individual class members will be so small in relation to the expense and effort of administering the action as not to justify a class action.
“(b) Where equitable or declaratory relief alone is sought, the court shall consider
[439]*439“(1) the criteria set forth in subsections (1) through (5) of subdivision (a), and

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Bluebook (online)
14 Pa. D. & C.5th 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thibodeau-v-comcast-corp-pactcomplphilad-2010.