Class Action Lawsuit Claims Spectrum Cable Overcharges Subscribers with Deceptive Fees

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A proposed class action lawsuit alleges that Spectrum Cable fraudulently claims that the “Broadcast TV Surcharge” it issues to subscribers is a government-imposed charge or pass-through fee when it is really a discretionary charge implemented by Spectrum.

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The 10-page first amended complaint says Spectrum Cable, a cable television operator that provides cable services across the U.S. on a paid subscription basis, deceptively and misleadingly represents its monthly Broadcast TV Surcharge as a programming-related fee to cover the costs of retransmitting broadcast television signals.

According to the lawsuit, while Spectrum’s website lists its Broadcast TV Surcharge as a “pass-through fee reflecting charges from local broadcast or affiliate TV stations,” implying that it is mandated by outside sources or factors, there is allegedly no external mandate for the charge from any broadcaster or government entity. Per the suit, the surcharge is “entirely within Spectrum’s control” and represents a source of profit for the company.

The lawsuit claims that any actual retransmission costs that Spectrum pays are far lower than would warrant the approximately $28-per-month Broadcast TV Surcharge issued to all Spectrum subscribers.

“If Spectrum’s representations were accurate—that this fee is a mere pass-through cost—Spectrum would be paying local [Louisville, Kentucky] stations over $33 million annually in retransmission fees,” the complaint relays.

The lawsuit further claims that the Broadcast TV Surcharge is not listed with or included in the price point that Spectrum advertises for its services, making consumers believe that it is not included in the base service fee. Per the case, this violates state and federal laws requiring cable operators to transparently disclose the total cost of programming.

The Spectrum class action lawsuit looks to represent anyone in Kentucky who was charged a Broadcast TV Surcharge as part of their personal-, family- or household-use Spectrum subscription within the applicable statute of limitations.

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