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Today, the First Department of the Supreme Court, Appellate Division of the State of New York held that the Federal Communications Commission has not preempted states from enforcing laws “that prevent fraud, deception and false advertising” with respect to broadband practices.
The state of New York had filed suit against Charter Communications, arguing that it had engaged in deceptive practices with respect to broadband by promising speeds it could not deliver, among other things. With this decision, New York can now proceed with its case at the trial level. Public Knowledge filed an amicus brief in this case.
The following can be attributed to John Bergmayer, Senior Counsel at Public Knowledge:
“This is great news for broadband users in New York, and it bodes well for state efforts to protect broadband users generally. Such efforts are especially important given the current FCC’s decision to abdicate many of its consumer protection responsibilities with respect to broadband.”