Comcast Slapped with Three BitTorrent-Related Lawsuits

Comcast can't catch a break lately. First there was the uproar over download caps for BitTorrent and other peer-to-peer (P2P) application users. Then Comcast became the subject of a Federal Communications Commission investigation.

Now lawyers representing angry Comcast customers in California, Illinois and New Jersey have banded together and filed three lawsuits against the cable company alleging the Comcast throttled Internet access and engaged in "unfair and deceptive business practices". Attorneys handling the case are seeking class action status.

The suits each allege that Comcast misled customers in regards to advertised claims of "unfettered" Internet access. Lawyers argue in actuality, Comcast "intentionally blocks or otherwise impedes its customers' access to peer-to-peer file sharing and other Internet applications." By impersonating the computers of users attempting to share files, Comcast sent "reset packets" that instruct the transmitting computers to stop sending data.

The suits were filed in California, Illinois and New Jersey by Washington DC-based attorney Gilbert Randolph.

Comcast Takes a Beating

The suit is in reaction to Comcast's pastimplementation of download caps for BitTorrent and other peer-to-peer (P2P) application users.

Then came the Federal Communications Commission which launched an investigation into Comcast customer complaints the ISP was throttling BitTorrent traffic. The FCC also held hearings and and has said it was considering punishing Comcast for its past bandwidth indiscretions. Arrogantly, Comcast decided to skip one of the FCC's April 18 hearing.

Since then Comcast has made nice with BitTorrent users and issued a "P2P Bill of Rights and Responsibilities" that it shared with P2P companies, other ISPs and academics soliciting feedback. The aim was to clarify any iffy areas such as the definition of "bandwidth limits" and to differentiate legal downloads from the illegal. Notably, Comcast neglected to invite the participation in the creation of the "P2P Bill of Rights" of consumer advocacy groups.

In my opinion Comcast's statements and actions, post the original bandwidth brouhaha, make the ISP look more guilty of "unfair and deceptive business practices," as Randolph says.

(CREDIT - PC World contributor Brennon Slattery filed this blog.)

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