Looking to sue Comcast Xfinity? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people with claims against Comcast and other big companies that ripped them off get millions of dollars in settlement offers… [continued below]
Some people say it’s hard getting a refund from Comcast.
But if you haven’t gotten your problem solved, you’re not alone.
So what should you know if you want to sue? First you may think there would be tons of class action lawsuits against Comcast to look into. But the truth is more complicated.
Companies like Comcast add what’s called an arbitration clause to their contract. It gives them the right to force legal claims out of most US courts. But your Comcast contract can’t take away your right to sue entirely.
Here’s what you can do…Make a Legal Claim
The first way to sue Comcast is through consumer arbitration. If your contract has an arbitration clause it gives you the right take legal action against Comcast through an officially-designated, independent dispute process that’s not a court and won’t require showing up in person. This can be a better option for a lot of regular people.
How do you get started? That’s what FairShake is here for. We can help you start the legal process against Comcast in under 10 minutes, and we’ll only charge if you win compensation. FairShake users have been offered over $8 million in settlements. You can learn more or start a claim now.Start FairShake Claim
The second way to sue Comcast, if you want to avoid the arbitration system, is to use Small Claims Court. While their contract may keep lawsuits out of state and federal courts, they can’t stop you from pursuing the small claims process. If you’re ready to sue Comcast on your own, read on below:
Think your Comcast internet bill is crazy? Ready to sue Comcast in small claims court?
Before you can sue Comcast you have to make sure that your situation qualifies for small claim court. Small claims courts have limits on things like what type of compensation you can ask for and how much you can ask for.
The amount of money: There is a monetary limit in every state but that limit differs based on which state you live in. Some states have a monetary limit of $2,500 so if you are asking for more than that your claim won’t qualify. Others have limits up to $10,000. You can find a list of all 50 states’ monetary limits here.
The type of relief: You can also only ask for money in most small claims courts. In other courts you might be able to ask for physical property in the event that that was damaged but with small claims courts if Comcast somehow damaged any of your property, at best the company would have to give you the monetary value of that damage property.
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
The demand letter is a formal letter that you sent before you sue Comcast. It is a requirement from just about every small claims court.
Effectively you are asking the company to voluntarily fix the problem. Sure, you probably already asked via customer service but this is a more formal and official version that goes higher up the food chain.
The letter doesn’t have to be award-winning. It can be a very simple letter that contains your information like your account information on your contact information, and then explains what the problem is and how you want Comcast to fix it.
When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to:
1701 JFK Boulevard
Philadelphia, PA 19103-2838
ATTN: LEGAL DEPARTMENT
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
(This address is taken from the Comcast subscriber agreement here.)
Assuming your demand letter did not result in any action from Comcast, now you moved forward to sue Comcast officially. This requires you to fill out court forms. Visit your state court website to find which ones you have to fill out.
Every state is different and depending on which county you live in, you might have additional forms.
Also make sure you have the right number of forms. On your state court website it will explain to you how many you need and that is not to be ignored.
Your state court website will tell you how to officially file your documents in court in order to formally Sue Comcast. They usually require that you show up in person to a specific Courthouse during certain hours.
If you are very lucky you will live in a place where you can submit it through the mail, via fax, or online. But most places require physical delivery.
When you file in court you will present to the county clerk your documents they will review them, stamp them, and give you back your copies. This is why it’s so important to have the right number of copies.
Now you have to move on to the next step. One of the copies that they will give back to you is meant for Comcast. You have to officially serve Comcast to let them know in a formal process that they are being sued.
Every state is different in terms of how they require you to serve someone. You need to follow these rules specifically because failure to do so can result in your case being thrown out.
When the county clerk gives you back your copies they will also give you a hearing which is your court date. You have to show up for this hearing with your copy of the filed forms and any evidence you have to explain why you want to sue Comcast and why you think you deserve compensation.
Comcast may or may not send someone to refute your claim. But either way you still have to do your part by explaining to the judge why you deserve compensation.
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