Cablevision and Starz Claims

 

Broken Air Conditioning

 

Many customers were promised certain benefits but find they are charged a rate without receiving promised services.  Customers have been paying for Starz but not receiving it.  The reasons for the dispute have been debated by each side.   One media outlet discusses the positions of each,

“Starz and Encore channels went dark on Altice USA cable systems in New York area as the new year dawned and the sides failed to come to terms on a new carriage agreement.  Altice said in a statement that Starz refused the MVPD’s efforts to set a short-term contract extension while negotiations continued past the midnight ET deadline. Starz said it remained open to negotiations and blamed Altice for yanking the channels.

Altice USA, which serves about 4.9 million subscribers in the New York area as well as in Midwestern states, maintains that Starz is seeking rate hikes that would force Altice to charge its subscribers more than the cost of Starz’s stand-alone streaming service.

“We are focused on providing the best content experience for our customers and continually evaluate which channels meet their needs and preferences relative to the cost of the programming imposed by content owners,” Altice USA said in a statement. “Given that Starz is available to all consumers directly through Starz’ own over-the-top streaming service, we don’t believe it makes sense to charge all of our customers for Starz programming, particularly when their viewership is declining and the majority of our customers don’t watch Starz.”

Altice emphasized that subscribers who want Starz-Encore can easily access the programming by subscribing to the streaming app directly from Starz. Starz counters that it has been able to set carriage pacts with MVPDs including Verizon Fios and Hulu’s digital channel package service in recent months. Altice is said to have offered to package Starz as an a la carte streaming option with its broadband service.

Starz Channels Go Dark in New York Area Amid Altice USA Contract Fight
Our office is looking at claims and a class action.  Call for a Free Consultation

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Investigation of Deceptive Pricing :

A New York Times Article said  the following,

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the Federal Trade Commission is looking into allegations that Amazon misleads customers about its pricing discounts, according to a source close to the probe. The FTC is probing a complaint brought by the advocacy group Consumer Watchdog, which looked at some 1,000 products on Amazon’s website in June and found that Amazon put reference prices, or list prices, on about 46 percent of them.

An analysis found that in 61 percent of products with reference prices, Amazon’s reference prices were higher than it had sold the same product in the previous 90 days, Consumer Watchdog said in a letter to the FTC dated July 6.

The FTC declined comment for this story. It was not known if the agency would open a formal probe into the allegations. Amazon closed up slightly for the day at $1,028.70. Amazon said in a statement that Consumer Watchdog’s study was “deeply flawed.”  “The conclusions the Consumer Watchdog group reached are flat out wrong,” Amazon said. “We validate the reference prices provided by manufacturers, vendors and sellers against actual prices recently found across Amazon and other retailers.”

Our office provides a free consultation on deceptive pricing and advertising claims.   Call (973) 598-1980.

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Common Types of False Advertising

Misrepresenting, or assisting others in misrepresenting, expressly or by
implication, any fact material, including:
1. That a good or service is free, a bonus, a gift, a trial, without cost;
2. That a good or service is available for a minimal processing, service,
or administrative fee or without further obligation;
3. That a purchase is “risk free” or offered with a satisfaction guarantee
or money-back guarantee;
4. That the seller is accredited or rated favorably by the Better Business
Bureau;
5. A seller’s affiliation with, or endorsement or sponsorship by, any
person or entity;
6. The amount that a consumer’s credit or debit card will be charged
and the timing of the charge(s);
7. That a transaction has been authorized by a consumer;
8. The dates that any limited time sales offer begins and ends;
9. The requirements or terms of the seller’s refund or cancellation
policies;
10. The identity of the seller, including the seller’s name, physical
address, and customer service telephone number;
11. Disclosing, using, or benefitting from customer information, including the
name, address, telephone number, email address, Social Security number, other
identifying information, or any data that enables access to a customer’s account
(including a credit card, bank account, or other financial account)

FREE CONSULTATION ON YOUR FALSE ADVERTISING CLAIM

False Advertising Frequently Asked Auestions

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Here are some common questions people ask about false advertising.

Is false advertising illegal in the US?

Yes.  There are various state and federal laws that punish false advertising.   The New Jersey Consumer Fraud Act.  prohibits, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise.  N.J.S.A.: 56:8-2, http://co.hunterdon.nj.us/pdf/consumeraffairs/consumerfraudact.pdf.  New York has a separate false advertising law as do most states.

Can you sue a company for false advertising and if so how?

An individual can file a claim for compensation, or report the misleading advertisement to a state or federal agency.   This office handle misleading automobile and other types of advertising.  

What agencies are is in charge of enforcing truth in advertising laws?

In New York, that is the Division of Consumer Protection, in New Jersey, the Division of Consumer Affairs.  www.dos.ny.gov/consumerprotection

What is the  definition of False Advertising

There are several issues with false advertising.  First, are the claims misleading.  Secondly, are disclaimers and limitations fairly presented.  Third, are there specific laws or regulations violated.

FREE CONSULTATION ON YOUR FALSE ADVERTISING CLAIM (973)598-1980

False of Misleading Advertising

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Call (973) 598-1980 for a Free Consultation on Your False Advertising Claim 

There are a number of laws that protect consumers from false advertising.  The New Jersey Consumer Fraud Act broadly prohibits fraud and deceptive practices and in appropriate cases, legal fees and added damages can be recovered.  There are specific regulations dealing with automobile advertising.  Additionally, the FTC has rules though they are enforced by the FTC, not private persons.  Their rules are informative and courts may rely upon them for a statement of standards.    For example, many advertisements try to hide disclaimers and limitations, which has been condemned.

1. Display
“Clear and conspicuous” means that a required disclosure is difficult to
miss (i.e., easily noticeable) and easily understandable by ordinary consumers,
including in all of the following ways:
1. In any communication that is solely visual or solely audible, the
disclosure must be made through the same means through which the
communication is presented. In any communication made through both visual and
audible means, such as a television advertisement, the disclosure must be
presented simultaneously in both the visual and audible portions of the
communication even if the representation requiring the disclosure is made in only
one means.
2. A visual disclosure, by its size, contrast, location, the length of time it
appears, and other characteristics, must stand out from any accompanying text or
other visual elements so that it is easily noticed, read, and understood.
3. An audible disclosure, including by telephone or streaming video,
must be delivered in a volume, speed, and cadence sufficient for ordinary
consumers to easily hear and understand it.   See www.ftc.gov/news-events/media-resources/truth-advertisingftc.gov

Call (973) 598-1980 for a Free Consultation on Your False Advertising Claim

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