When a Chicago man recently contacted Comcast to set up a new broadband account, he was told the company would have to run a credit check — or he could pay a $50 deposit to waive that requirement. But the customer claims that Comcast went ahead and pulled his credit anyway, which is why he’s now suing the nation’s largest consumer broadband provider.
According to the suit [PDF], filed earlier this week in a U.S. District Court in Illinois, the customer never authorized Comcast to pull his credit report in spite of the waiver.
Additionally, the complaint cites multiple posts in the forums on Comcast.com as evidence that Comcast has repeatedly pulled credit reports for other customers who paid to get around the credit-check requirement.
The Fair Credit Reporting Act generally requires that a consumer must authorize the release of a credit report, though it can be released without explicit authorization in cases where “the transaction consists of a firm offer of credit or insurance.”
The lawsuit claims violations of the FCRA, along with Breach of Contract, and Unjust Enrichment on Comcast’s part. It seeks to define the class of plaintiffs from Comcast customers who paid to not have their credit reports pulled but had them pulled anyway.
Comcast may have a card up its sleeve that could short-circuit this lawsuit. Its consumer agreements include a mandatory arbitration clause that compel customers into binding arbitration and prevent them from joining together in class-action lawsuits.
We contacted Comcast regarding this story, but a rep for the company says it can’t comment on pending litigation.
by Chris Morran via Consumerist