Aside from federal and state laws criminalizing identity theft, strict regulations are in place to hold third party entities responsible for handling and storing your personal information.
If you become a victim of identity theft that can be traced to the negligence and/or non-compliance of Comcast, you need to know what your legal options are to hold them liable for losses and damages you might suffer.
Can You File A Lawsuit Against Comcast?
Comcast uses an “arbitration clause” in the subscriber agreements they insist consumers sign before activating their services. If you have agreed to this clause (by not making use of the specific “opt-out” option) you may not initiate legal action by approaching Federal or State courts.
Example Of An Arbitration Clause
Comcast generally includes clauses that limit their liability in the event any claim arises from, or in relation to the established contract. The clause redirects claims to be settled through the arbitration administered, which is run by the American Arbitration Association in accordance with the Commercial Arbitration Rules. This clause substitutes courts for arbitration meetings instead, which allows the arbitration judgment on the award rendered by the arbitrator(s) will be considered final.
Arbitration is a dispute process conducted by an independent and officially designated body.
If you try to sue Comcast (for anything) in state or federal court, they may invoke the arbitration clause to have your case thrown out. As in “Kristian v Comcast Corp” where a consumer sued Comcast for inflating their service prices. This shows that Comcast makes it difficult for consumers to take legal action against them, but does provide the right to opt-out of the arbitration clause.
What Are My Options For A Lawsuit Against Comcast?
1. Mediation and/or Arbitration
You can file a consumer arbitration claim through a body like the American Arbitration Association (AAA). You may enlist the services of an attorney to represent you in this process.
2. Approach The Small Claims Court.
Comcast cannot stop you from pursuing this route despite restricting your options at State and Federal level. You would have to represent yourself in this instance, and claims are limited to $10,000 or less. This option might not deliver the justice you deserve considering the financial cap and legal resources available to Comcast.
3. Individual/Class Action
If you have opted-out of the arbitration clause, you can participate in a class action lawsuit, if others experienced the same issue and also chose to opt-out of the arbitration clause. Here you have the benefit of having legal representation, and the chance of winning more compensation.
If you are a victim of identity theft and can prove a direct link to the non-compliance or negligence of Comcast, you may potentially hold Comcast liable.
Comcast’s arbitration clause limits your legal options to an arbitration process, or the Small Claims Court. A specialized identity theft attorney can help you win at arbitration and maximize your potential compensation for losses and damages.