SAN DIEGO – A Fresno County couple allege Comcast withdrew hundreds from their checking account without authorization.
Geneven and Alisia Yang filed a complaint on April 11 in the U.S. District Court for the Eastern District of California against Comcast Cable Communications Management LLC alleging violation of the Electronic Fund Transfers Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiffs allege that on March 12, the defendant withdrew $601.27 from their checking account without authorization or consent. They allege at the time, their Comcast account had a balance of $38 that was not due until a few days later. The suit states the plaintiffs were later refunded, but the refund amount was $566.34 and the $34.93 remaining has not been returned.
The plaintiffs hold Comcast Cable Communications Management LLC responsible because the defendant allegedly automatically collected funds from the plaintiff without any agreement from both parties.
The plaintiffs request a trial by jury and seek actual damages, statutory damages of $1,000, general damages, special damages, all legal fees, punitive damages and any other relief as the court deems just. They are represented by David J. McGlothlin and Joshua B. Swigart of Hyde & Swigart in San Diego.
U.S. District Court for the Eastern District of California Case number 1:17-cv-00509-DAD-BAM