Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cova v. Charter Communications Inc.

United States District Court, E.D. Missouri, Eastern Division

February 17, 2017

RENA COVA, et al., Plaintiffs,
v.
CHARTER COMMUNICATIONS, INC., Defendant.

          MEMORANDUM AND ORDER

          RONNIE WHITE UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Defendant's Motion to Compel Individual Arbitrations and to Stay Litigation (ECF No. 16). In the Motion, Defendant asks this Court to compel Plaintiffs Reno Cova, Logan O'Connor, and Zach Splaingard to arbitrate their claims on an individual basis against Charter; and stay all further proceedings in this case pending the arbitrations, including the time for Charter to answer the Complaint.

         BACKGROUND

         Charter and Plaintiffs Reno Cova ("Cova"), Logan O'Connor ("O'Connor"), and Zach Splaingard ("Splaingard") (collectively, "Plaintiffs") entered into a written agreement to arbitrate those "disputes and claims arising out of or relating to" the "Terms and Conditions for Charter Residential Services" (the "Agreement").

         A. Cova

         Cova began receiving video and internet service from Charter on or about November 25, 2005. On the front of Cova's monthly bill, dated April 17, 2013, under the caption "Charter News, " Charter advised Cova that "Charter's Residential Terms and Conditions of Service have changed; among other items, the provision regarding the arbitration of claims/disputes has been modified. The modifications shall be effective May 22, 2013."

         Cova's Agreement stated, in pertinent part, "You hereby acknowledge and agree that Charter may elect to resolve all controversies, disputes, or claims or any kind arising hereunder (whether raised by you or Charter) through binding arbitration." Cova continued his service after receiving his April 17, 2013 bill.

         In a monthly bill dated August 17, 2014, Cova was advised that Charter "restructured" the Residential Terms and Conditions of Service effective October 1, 2014. The notification on the bill's front page invited Cova to review the "restructured" Residential Terms and Conditions of Service by visiting charter.com/termsofservice. The "restructured" Residential Terms and Conditions contains a substantively identical arbitration agreement.

         The Agreement contains a jury trial waiver and a class action waiver. Finally, the Agreement contains an opt-out provision, which provides:

If Subscriber does not wish to be bound by these arbitration provisions, Subscriber must notify Charter in writing within 30 days of (a) the date that this arbitration provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber may opt out by mail to the Arbitration Notice Address. Subscriber's written notification to Charter must include Subscriber's name, address, and Charter account number as well as a clear statement that Subscriber does not wish to resolve disputes with Charter through arbitration. Subscriber's decision to opt out of this arbitration provision will have no adverse effect on Subscriber's relationship with Charter or the delivery of Services to Subscriber by Charter.

         Cova did not opt out of the arbitration provision within thirty (30) days of when it became effective. Plaintiffs assert that Cova "never provided, signed, accepted, or assented to any arbitration provision regarding his Charter services." (ECCF No. 26 at 3).

         B. O'Connor

         O'Connor began receiving internet service from Charter on or about July 21, 2014.

         O'Connor's Agreement with Charter included an agreement to arbitrate stating, in pertinent part, "You hereby acknowledge and agree that Charter may elect to resolve all controversies, disputes or claims of any kind arising hereunder (whether raised by you or Charter) through binding arbitration." Later in 2014, Charter "restructured" the Residential Terms and Conditions of Service effective October 1, 2014. In O'Connor's monthly bill dated August 13, 2014, Charter notified him of this restructuring and invited him to review the "restructured" Residential Terms and Conditions of Service by visiting charter.com/termsofservice. The "restructured" Residential Terms and Conditions of Service contains a substantially identical arbitration agreement. O'Connor continued his service after that and has not canceled it. O'Connor's Agreement with Charter contained the same jury waiver, class action waiver, and opt out provisions that were quoted previously. O'Connor did not opt out of the arbitration provision within thirty (30) days of when it became effective.

         Plaintiffs maintain that O'Connor is "no longer a Charter subscriber and was never provided, signed, accepted, or assented to any arbitration provision regarding ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.