Cooper v. Charter Communications Entertainments I, Llc.

760 F.3d 103 (1st Cir. 2014)

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Nature of the Case

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Facts

Ps are residents of Massachusetts who purchase cable television, internet, or telephone services from D. On October 29, 2011, Massachusetts experienced a severe snowstorm that damaged trees, made travel impossible on many roads, and took down power and cable lines. During the storm, Ps did not receive services from D, either because they lost electrical power and therefore could not use television or internet devices, or because D's own equipment failed to provide service even where power was available, or due to some combination of the two. D would issue credits to those who requested them but not to any one of the rest of their customers. Ps filed a complaint in state court on behalf of themselves and others similarly situated and D removed it to federal court. D immediately gave Ps credits for their missed service and then filed a motion to dismiss, asserting that Ps' claims were moot and that the complaint failed to state a claim. The district court ruled that removal was proper and granted D's motion to dismiss. Ps appealed. The dispute focuses on whether and when D must provide a credit or rebate to any subscriber whose service is interrupted. The plaintiffs say that the service outages in October and November of 2011 triggered a duty to provide credits or rebates under Mass. Gen. Laws ch. 166A, § 5(l), and under d's licensing agreements. Importantly, they also claim that D was obligated to provide those rebates or credits to each affected customer without waiting to first receive a request from that customer. D rejects both contentions.