Tillage
Tillage v. Comcast Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CHARLES TILLAGE, et al., Case No. 17-cv-06477-VC
Plaintiffs,
ORDER DENYING MOTION FOR
v. CLASS CERTIFICATION; DENYING
MOTIONS TO SEAL
COMCAST CORPORATION, et al., Re: Dkt. No. 171, 176, 178 Defendants.
The plaintiffs’ arguments for predominance, commonality, and typicality appear to depend on the assumption that it is simply unlawful for Comcast to advertise a base price for a cable package that does not include the Broadcast TV Fees and Regional Sports Fees, even if the customer receives a disclosure that those fees will be charged in addition to the advertised price. If the plaintiffs’ assumption were correct, perhaps class certification would be appropriate. But under the California statutes invoked by these plaintiffs, it is not correct. Those statutes require the Court to take any corrective disclosures into account in evaluating whether the challenged advertising or statement is deceptive. See Kwikset Corp. v. Superior Court, 51 Cal. 4th 310, 326 (2011); see also Order Granting in Part and Denying in Part Defendant’s Motion for Summary Judgement, Dkt. No. 183 at 1-2. As was…