March 28 Mediation Conference Set in 3 Associated Altice Appeals
The 4th U.S. Circuit Court of Appeals scheduled a March 28 mediation virtual conference at 10 a.m. EDT in the three associated cases (dockets 23-1142, 23-1145 and 23-1146) in which Altice is appealing a lower court’s denial of its motions…
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to compel arbitration and to stay the litigation pending the outcome of those arbitrations, said a notice Tuesday from the circuit mediator. The plaintiffs in all three actions in U.S. District Court for Southern West Virginia in Charleston alleged Altice USA’s Suddenlink broadband and pay-TV offering failed to provide “safe, adequate and reliable service to its West Virginia subscribers” (see 2302090037). They also alleged Suddenlink intentionally reduced its maintenance work, downsized its full-time workforce and ignored the thousands of customer complaints that resulted. When Suddenlink -- rebranded Optimum in August -- tried to compel its customers’ disputes to arbitration, the lower court ruled the arbitration agreements the customers consented to were unconscionable and unenforceable, partly because Suddenlink revised its terms of service at least five times between September 2019 and October 2021, plus twice more during the litigation.