How To Sue Xfinity in Small Claims Court?

March 29, 2021
How To Sue Xfinity in Small Claims Court?
People Clerk helps you with your small claims court lawsuit.

You have a dispute with Xfinity over your television, internet, telephone, or wireless bill. Now what? You have several options, including suing Xfinity in Small Claims Court.

In this article, learn about:

  • Before suing in California Small Claims Court.
  • How to file a small claims lawsuit against Xfinity.
  • Small claims cost limits.  
  • Fun fact, lawyers are not allowed at the initial small claims hearing! This is to even the playing field so that each party has an equal chance of obtaining justice.

Read your Xfinity Contract

The first step is to read your Xfinity contract. Xfinity calls this contract their Customer Agreement (other companies call these contracts: "Terms of Service," "Terms of Use," or "Service Agreement").

As of March 10, 2020, the Customer Agreement for Residential Services contract on their website states:

i. Your Responsibilities Concerning Billing Questions. Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact us within 120 days of the date on the bill or you waive any such disputes or credits.For Sacramento, California Customers. Billing errors or other requests for credit must be brought to our attention within 120 days of the time you receive the bill for which you are seeking correction, unless applicable law requires a longer period. We will investigate and respond to all complaints within five (5) business days of the receipt of the complaint, unless an investigation requires a search of historical records in which case we will respond within fourteen (14) business days. If a payment was not credited to your account, a copy of a cancelled check or money order may be required and the disputed amount will be set aside for up to fourteen (14) days.

ACTION: Contact Xfinity within 120 of the date of the bill.

The contract states you must contact Xfinity within 120 days of the bill you are disputing.

Here are ways to contact Xfinity:

You want to make sure you take notes and try to get Xfinity to provide what they intend to do in writing.

I have contacted Xfinity and they have not resolved my issue with the bill. Now, what can I do?

Send a Demand Letter

A demand letter is a letter that outlines a set of requests. For example, you could request a refund and explain why you are requesting a refund.  

If you eventually decide to sue in California small claims court, you are required to first request your money or property back before you can file the lawsuit. While you can request your money or property back orally, it is recommended you do so in writing in the form of a demand letter.

What to include in the demand letter?

Unsure of what to include in your demand letter addressed to Xfinity? Here are a few suggestions:

  • How much money you are owed.
  • Why you are owed money.
  • Your contact information.
  • Where to send payment.
  • Give them a few days to respond (usually about 7 to 14 days).
  • State that if they don't respond, you intend to sue.

Where to send the letter:

Comcast Legal Response Center

650 Centerton Road

Moorestown, New Jersey 08057

Sue Xfinity in Arbitration

Arbitration is the process of having a neutral third party to decide your lawsuit. The outcome of arbitration remains confidential. Arguably, this is so that other Xfinity customers do not find out about disputes against Xfinity which would lead to "bad press." The Xfinity Customer Agreement for Residential Services provides the steps for Arbitration ( see the section on "Binding Arbitration.") Xfinity pays the costs for the arbitration if your claim is for less than $75,000.

Sue Xfinity in Small Claims

If Xfinity ignored your demand letter, what can I do next? You can sue Xfinity in a small claims court. But first, some background on small claims court in California to determine if it is right for you.

As of March 10, 2020, the Customer Agreement for Residential Services contract on their website states:

f. Right to Sue in Small Claims Court: Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have an action heard in a small claims court in the area where you receive(d) Service(s) from us if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

In California, if you are an individual suing Xfinity, you can sue for up to $10,000. If you are a business suing Xfinity you can sue for up to $5,000.

Small Claims Court Limits

This is also known as the "small claims court limits." In California Small Claims you can sue for the following maximum amounts:

California Small Claims Court Limits
California Small Claims Court Limits

You can still sue for the maximum amount allowed, but you will need to waive any additional amount over the limit.

Where is my nearest Small Claims Court?

You can sue Xfinity in the California Small Claims Court nearest to you. Check out our How to File your California Small Claims Court Case article.

Small Claims Court provides a public forum for quick, efficient, and affordable resolution of disputes. In California, Xfinity will not be allowed to have an attorney at the small claims hearing. This is done so that there is an even playing field. Instead, a non-attorney employee will have to represent them.

People Clerk helps you with your small claims court lawsuit.

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