Comcast Move to Dismiss Customer Credit Check Litigation Opposed

Comcast's service contract doesn't authorize or speak to "secret credit checks" on customers who also paid a security deposit, plaintiff Mounang Patel said in a docket 1:17-cv-02570 opposition (in Pacer) filed Monday in U.S. District Court in Chicago in response to Comcast seeking to dismiss a putative class-action complaint (see 1707180004). Patel said the Fair Credit Report Act claim, contrary to Comcast assertions otherwise, satisfies heightened pleading standards. In a filing (in Pacer) Monday in response to Comcast seeking to strike class-action allegations, the plaintiff said Comcast's motion shouldn't be decided without further discovery, that Comcast's customer agreement expressly allows civil actions and the one-year limitation for bringing claims in the customer agreement is unenforceable. Comcast outside counsel didn't comment Tuesday.