On July 29, 2022, Judge Hurd of the Superior Court of New Jersey, Mercer County, granted final approval of a class action settlement involving over 600,000 class members. The class action settled on behalf of RCN Telecom broadband Internet customers in the United States. The basis of the lawsuit is that internet provider RCN overcharged over 600,000 customers late fees in violation of its own terms and conditions. The lawsuit also dealt with RCN’s failure to honor a grace period as well. Plaintiff alleged such actions violated New Jersey law, including the New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-1, et seq.; the New Jersey Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. § 56:12-14, et seq.; and the New Jersey Uniform Declaratory Judgment Act, N.J.S.A. § 2A:16-51, et seq.; and additionally breached the express contract between certain Defendants and their customers. Defendants deny the allegations.
The complete terms of the settlement are set forth in the Settlement Agreement, which is available at www.RCNLateFeeSettlement.com. The Settlement provides that Defendants will establish a Settlement Fund valued in the amount of up to $6,650,000. Class Members who were charged and paid the excessive late fees for broadband Internet service by an RCN Telecom operating company and who file valid claims will receive their choice of a bill credit (if you’re a current customer) or a check or electronic payment at their option. In addition, the Settlement provides that Defendants will revise the RCN Terms and Conditions and High Speed Internet Service Addendum so as to delete language regarding any delinquency notice or grace period associated with the payment of late fees for Internet service in order to better describe or conform to RCN Telecom’s current billing late fee practice.
DeNittis Osefchen Prince is a national class action firm handling consumer fraud cases involving numerous matters including bogus fees, fake fees, fraudulent fees, illegal fees, and illegal late fees.