A Montgomery-originated class action suit against cable giant Charter Communications which a federal court had been reviewing since December has been bounced back to a Montgomery County court.

Bonnie Hinson of Montgomery sued St. Louis based Charter last fall, claiming the company misrepresented its digital cable TV service to customers.

Hinson filed the suit in November 2002 in Montgomery County Circuit Court. But Charter said Hinson’s claims were a federal court’s to decide and, in December, had the case moved to the U.S. District Court for the Middle District of Alabama.

U.S. Magistrate Judge Charles Coody disagreed, saying his court did not have jurisdiction to rule on the case, and remanded it to the county court in late May.

“Getting this thing remanded is a big victory for subscribers,” said Jay Aughtman who represents Hinson with Montgomery firm Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. In the Montgomery court, Hinson will appear before a jury of her peers, Aughtman said, versus a jury selected from the eight counties in the middle district.

“Plus, the case will move much quicker,” he said.

Montgomery Circuit Judge Tracy McCooey will hear the case.

McCooey is not awaiting Charter’s reply to allegations it defrauded customers by failing to deliver the digital cable service it advertised. Charter had, to this point, argued to have the case dismissed and has yet had to answer charges directly.

Montgomery’s Cappell & Howard law firm is representing Charter in the case, but calls to the firm seeking comment for this story were not returned.

Aughtman said the next key date in the case will be a class certification hearing, which he expects to happen nine months to a year from now. That hearing will determine the exact number of Charter customers affected by the case, or the “class.”

Charter claims 6.7 million customers in 40 states.

Aughtman said customers with grievances like Hinson’s could number into the hundreds of thousands.



We're here to help!

We live by our creed of "helping those who need it most" and have helped thousands of clients get the justice they desperately needed and deserved. If you feel you have a case or just have questions please contact us for a free consultation. There is no risk and no fees unless we win for you.

Fields marked    may be required for submission.
  1. I'm an attorney

data security act

Data Security Act would rob consumers of access to...

The proposed Data Security Act of 2014, introduced in the U.S. Senate this week, appears to provide...

Beasley Allen attorney secures $2.3 million jury...

LEE COUNTY, SOUTH CAROLINA – (April 2, 2012) Beasley Allen attorney William E. Hopkins, Jr., along...

Trial Court awards $38.2 million to the State of...

MONTGOMERY, ALA. (September 2, 2011) – Today Judge Thomas L. Zebert found in favor of the State of...

Attorney for victim of wrongful foreclosure turns...

After a Collier County, Florida, couple were the victims of a wrongful foreclosure, their attorney...

Looking for price gouging - check a gas station

Montgomery Advertiser columnist Josh Moon says while Alabama AG Luther Strange is concerned about price...

Target shorts customers on coupons, Beasley Allen...

A Jefferson County woman has filed a federal lawsuit against Target Corporation, claiming two area...

Thank you for all your hard work

Thank you for all your hard work over the past years on my behalf and so many others. God bless you all.

—Ella