Suddenlink’s Hidden Fees Violate W. Va. Credit Statute, Alleges Class Action

A class action filed Monday in U.S. District Court for Southern West Virginia in Huntington seeks to hold Altice USA and its Suddenlink internet service accountable under the West Virginia Consumer Credit Protection Act (WVCCPA) for the allegedly unlawful practice of “cramming its customers' bills with illegal fees and charges.” The fees and charges are “unauthorized and deceptive,” and have “a significant impact” on West Virginia consumers, alleged the complaint (docket 3:23-cv-00380).

Each plaintiff -- Deborah Goff, Russell Totten and Nathan Rollyson -- was charged a $3.50 monthly “network enhancement fee” for Suddenlink internet service for many years, said the complaint. It defines Suddenlink as a debt collector for the purposes of the WVCCPA. The fee “is an unfair way of collecting additional funds” from West Virginia consumers, it said. Suddenlink claims it adds the fee to customers' monthly bills to cover the costs of improving and upgrading its network infrastructure, it said.

The fee isn’t disclosed in advertised prices but instead is “crammed into the cost” of consumers’ monthly bills after their internet service commences, said the complaint. The plaintiffs “already pay a monthly fee for internet and other services that should cover the cost of improving and maintaining the network,” it said. The fee “is further unfair and misleading because it implies an obligation that must be paid by the consumer for regulatory or service charges assessed by the government,” it said.

Suddenlink’s “improper billing” adds up to “a significant amount of money” among all the potential class members, said the complaint. It defined the proposed class as including all West Virginia consumers who were charged the Suddenlink fee “within the applicable statute of limitations preceding the filing of this action through the date of class certification.” The potential class “is so numerous that joinder of all class members is impracticable,” it said.

Suddenlink’s actions “are generally applicable to the class as a whole” and to the three named plaintiffs, said the complaint. The class members can prove the elements of their claims against Suddenlink for violations of the WVCCPA on a class-wide basis using the same evidence that the plaintiffs and individual class members “would use to prove those claims in individual civil actions,” it said.

In violating the WVCCPA, Suddenlink “engaged in unfair or deceptive practices by concealing the true nature” of the network enhancement fees from consumers “and by assessing these fees when they are not allowed under the law,” alleged the complaint. The plaintiffs demand a jury trial and seek actual and statutory damages for violations of the WVCCPA, plus the recovery of attorney fees and court costs. Suddenlink didn’t comment.

Altice USA’s opening brief is due May 26 in its three related 4th Circuit appeals of the district court’s denial of its motion to compel its Suddenlink customers' complaints to arbitration (see 2303290011). The plaintiffs in all three actions alleged Suddenlink’s broadband and pay-TV offering failed to provide “safe, adequate and reliable service” to its West Virginia subscribers. Altice rebranded Suddenlink Optimum in August.