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Comcast Ducks Lawsuit Over Hidden Modem Fees

OAKLAND, Calif. (CN) - A federal judge has dismissed most of a class action that claims Comcast markets and sells service plans without disclosing additional equipment fees.

Lead plaintiff Athanassios Diacakis said Comcast offered him numerous deals over the phone, including a Triple Play package that bundles cable, phone and Internet services, without mentioning the additional fee to lease a modem.

Diacakis filed a class action in June, claiming Comcast violated California's consumer, unfair-competition and false-advertising laws.

U.S. District Judge Saundra Brown Armstrong agreed to dismiss most claims on Monday.

Though she declined to determine whether Comcast's actions were misleading, she found the lead plaintiff's claims were not particular enough "to pass muster."

"The [amended complaint] fails to specify when or where Comcast advertisements were viewed, the content of those advertisements, or which of them in particular Plaintiff relied upon," Armstrong wrote.

Diacakis can try his unfair-competition and false-advertising claims again in an amended complaint.

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