ELKINS — Suddenlink is seeking to have discovery stayed in a case alleging it charges certain subscribers a $12 annual fee to receive paper utility bills.
"Pursuant to Federal Rule of Civil Procedure 26(c), Defendant Altice USA, Inc., d/b/a/Suddenlink hereby moves the Court to stay discovery in this matter until after such time as the Court rules on Suddenlink’s Motion to Compel Arbitration and Alternative Motion to dismiss," the defendant argued in its motion to stay discovery filed in U.S. District Court for the Northern District of West Virginia.
Suddenlink argues that a stay is warranted pending the court’s rulings on Suddenlink’s other motions.
"Suddenlink’s counsel has conferred with counsel for Plaintiff regarding this temporary stay of discovery, but the parties have been unable to reach any agreement on this issue," the defendant stated.
Ed Frashur filed the class-action lawsuit against Altice USA, which is doing business as Suddenlink Communications, claiming that a class of customers were improperly and unlawfully charged a $1 per month collection fee in order to receive a paper billing statement, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
"Charging subscribers who lack internet access $12.00 per year to receive a paper bill preys upon those who do not have the means to access electronic bills or the practical understanding to navigate such technology," the complaint states.
Frashur is seeking actual damages and attorney's fees. He is represented by Michael C. Nissam-Sabat and Bren J. Pomponio of Mountain State Justice.
The defendant is represented by David B. Hanna of Hanna & Hanna in Charleston; and Kyle P. Seelbach and Tanner M. Cook of Husch Blackwell in St. Louis, Mo.
U.S. District Court for the Northern District of West Virginia case number: 2:21-cv-00017