Michelle Keahey Jan. 25, 2013, 11:59am
NEW ORLEANS - A Cox service subscriber has filed a class action lawsuit relating to the charges he received during an outage that occurred during Hurricane Isaac.
Scott Dies, individually and on behalf of all others similarly situated, filed suit against Cox Enterprises Inc., Cox Communications Inc., Cox Communications Louisiana & Cox Communications New Orleans Inc. on Jan. 7 in federal court in New Orleans.
According to the lawsuit, cable services were interrupted or not provided between Aug. 27, 2012 through Oct. 27, 2012 due to Hurricane Isaac.
The lawsuit is seeking recovery of monies paid to Cox by Dies and by other class members regarding the cable services and damages for the defendants’ alleged failure to provide cable services in violation of its contractual obligation to its customers.
The proposed class also is seeking restitution for all Cox customers who paid cable services but whose cable services were lost or interrupted during Hurricane Isaac, regardless of whether the plaintiffs have sought or requested a refund of monies paid to Cox during the period of cable service outage.
According to the lawsuit, Cox’s website states its policy on the loss of cable services following Hurricane Isaac.
“Cox Communications will be giving all residential and business customers an automatic 4 day mandatory evacuation credit on all monthly recurring charges credited on your October bill," according to the complaint. "For customers who experienced extended outages, we are reviewing our service outage records and if additional credits are warranted, those credits will also be issued on your October bill.”
Dies claims that the defendants have knowingly failed to provide its customers with credit on their bill for the cable outages.
The defendants are accused of breach of contract, unjust enrichment, breach of the duty of good faith and fair dealing and misrepresentation.
The plaintiff is asking for an award of actual damages, punitive damages, interest, and attorneys’ fees.
Dies is represented by Eric J. O’Bell of O’Bell Law Firm in Metairie and Paul M. Brannon of Brannon Law Firm in Metairie. A jury trial is requested.
U.S. District Judge Ivan L. R. Lemelle is assigned to the case.
Case No. 2:13-cv-00027