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Cooper v. Charter Communications Entertainments I

United States Court of Appeals for the First Circuit

760 F.3d 103 (2014)

Facts

A snowstorm in Massachusetts knocked out cable television and Internet service for 10 days. The municipally licensed service provider, Charter Communications Entertainments I, LLC (Charter) (defendant), credited customers’ accounts for the service interruption but only if the customers requested the credits. Bruce Cooper and several other cable customers (Cooper group) (plaintiffs) filed a federal class-action lawsuit against Charter and its parent company (defendant), seeking to recover damages for the service interruption. The Cooper group based its claims on standard licensing agreements between Massachusetts municipalities and utility providers, which required a provider to credit any subscriber whose service was interrupted for more than 24 hours. These licensing agreements conferred standing on licensing municipalities to sue for breach of contract, but they did not explicitly extend similar standing to private individuals. The Cooper group appealed the district court’s dismissal of their suit to the First Circuit.

Rule of Law

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Issue

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Holding and Reasoning (Kayatta, J.)

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