COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss.

SUPERIOR COURT

KENNETH J. ASKINS, J. ADAM FELDMAN, and PAUL E. MIHALAK, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiffs, v. COMCAST OF MASSACHUSETTS II, INC., d/b/a COMCAST Defendant.

COMPLAINT Plaintiffs, Kenneth J. Askins, J. Adam Feldman, and Paul E. Mihalak (together Plaintiffs), by their attorneys, allege the following on behalf of themselves and all others similarly situated (the Class), on information and belief based, inter alia, upon the investigation of their counsel, except as to those allegations which pertain to the named Plaintiffs or their attorneys, which are alleged on personal information and belief. Named as Defendant is Comcast of Massachusetts II d/b/a Comcast (Comcast or Defendant). NATURE OF THE ACTION Defendant is a business that provides cable television, Internet, and telephone services to residential and business customers in Massachusetts and many other states. Comcasts

customers are billed monthly, in advance, for cable television, Internet, and/or telephone services. From approximately October 29, 2011 through approximately November 11, 2011 (the Relevant Period), Defendant knew that it did not provide hundreds of thousands of its customers with cable television, Internet and/or telephone services. Despite knowing that it did not provide its customers with cable television, Internet, and/or telephone services during at least 1

a portion of the Relevant Period, Defendant failed to automatically give its customers a credit, refund, or bill adjustment for the cable television, Internet, and/or telephone services not provided to them. Plaintiffs bring this class action Complaint on their own behalf and on behalf of all other individuals in Massachusetts who were damaged as a result of Defendant charging its customers in advance for cable television, Internet, and/or telephone services, failing to provide its customers with cable television, Internet and/or telephone services during at least a portion of the Relevant Period, stymying or preventing its customers from getting a credit, refund, or bill adjustment for cable television, Internet, and/or telephone services during the Relevant Period that it knew it could not and actually did not provide, and/or failing to automatically give its customers a credit, refund, or bill adjustment for cable television, Internet, and/or telephone services during the Relevant Period. Plaintiffs seek damages to compensate themselves and the Class. PARTIES 1. Kenneth J. Askins is, and at all relevant times was, a resident of 30 Pembroke Lane,

Agawam, Massachusetts. 2. J. Adam Feldman is, and at all relevant times was, a resident of 2 Pondview Lane,

Southwick, Massachusetts. 3. Paul E. Mihalak is, and at all relevant times was, a resident of 331 Newton Street,

South Hadley, Massachusetts. 4. Defendant, Comcast of Massachusetts, II d/b/a Comcast is a Delaware corporation

company with a principal place of business in Massachusetts.

BACKGROUND FACTS 5. 6. Comcast is one of the largest cable operators in the United States. Comcast is in the business of providing cable television, Internet, and telephone

services to residential and business customers in Massachusetts. 7. Comcasts customers, including Plaintiffs, subscribe to cable television, Internet, and/or

telephone services on a month-to-month or other term basis. 8. Comcasts customers, including Plaintiffs, are billed monthly, in advance, for cable

television, Internet, and/or telephone services that they selected. 9. Customers customers, including Plaintiffs, who pay for the cable television, Internet,

and/or telephone services that they selected are entitled to receive the services that they paid for. 10. On or about October 29, 2011, a snow storm hit Massachusetts and other states throughout New England. 11. As a direct or indirect result of the snow storm, there was extensive tree damage, downed power lines, downed cable lines, downed drop lines (the lines from the home to the street), and many impassable roads. 12. The extent of the damage varied within each state but approximately one million (1,000,000) residences lost power in Massachusetts. 13. More than six hundred thousand (600,000) Comcast customers in Massachusetts, including Plaintiffs, lost power. 14. Without power to its customers homes and businesses Comcast was unable to provide its customers with cable television, Internet, and telephone services that its customers previously paid for.

15. Even with power to its customers homes and/or businesses through such means as a generator, Comcast was unable to provide some of its customers with cable television, Internet, and telephone services that its customers previously paid for. 16. Even after power was restored to its customers homes and/or businesses, Comcast was still unable to provide some of its customers with the cable television, Internet, and/or telephone services that they previously paid for. 17. During at least a portion of the Relevant Period, Defendant failed to provide many of its customers, including Plaintiffs, with cable television, Internet, and/or telephone services. 18. At all relevant times, Comcast knew or should have known that it failed to provide its customers with cable television, Internet and/or telephone services during at least a portion of the Relevant Period. 19. Despite knowing that it failed to provide its customers with cable television, Internet, and/or telephone services during at least a portion of the Relevant Period, Defendant charged its customers for cable television, Internet, and/pr telephone services. 20. Despite knowing that it failed to provide its customers with cable television, Internet, and/or telephone services during at least a portion of the Relevant Period, Comcast customers who attempted to obtain a credit, refund, or bill adjustment were stymied or prevented from getting a credit, refund, or bill adjustment. 21. Despite knowing that it failed to provide its customers with cable television, Internet, and/or telephone services during at least a portion of the Relevant Period, Comcast failed to automatically give its customers a credit, refund, or bill adjustment for cable television, Internet, and/or telephone services.

CLASS ACTION ALLEGATIONS 22. This action is brought pursuant to Rule 23 of the Massachusetts Rules of Civil Procedure. 23. The Class includes all persons residing in Massachusetts who paid Comcast for cable television, Internet and/or telephone services and did not receive the cable television, Internet and telephone services that they paid for, were stymied or prevented from getting a credit, refund, or bill adjustment for the cable television, Internet, and/or telephone services not provided, and/or were not automatically given a credit, refund, or bill adjustment for cable television, Internet, and/or telephone services not provided. 24. Plaintiffs reserve the right to modify the class definition before moving for class certification, including a reservation of the right to seek to certify subclasses, if discovery reveals that modifying the class definitions and/or seeking additional subclasses would be appropriate. 25. Plaintiffs bring this action on their own behalf and on behalf of a Class of all others similarly situated. The Class Period is limited to the applicable statute of limitations for claims at issue and runs until the date of entry of final judgment in this action. 26. The Class is composed of hundreds of thousands of people, the joinder of whom is impracticable except by means of a class action. The disposition of their claims in a class action will benefit the parties and the Court. Defendant provides cable television, Internet, and

telephone services to hundreds of thousands of people in Massachusetts, and thus the Class is sufficiently numerous to make joinder impracticable, if not completely impossible. 27. There is a well-defined community of interest in the questions of law and fact involving and affecting the parties to be represented. Common questions of law and fact exist and such

common questions predominate over any questions of law or fact which may affect only individual Class members. Such common questions include but are not limited to the following: a. Whether Defendant violated Massachusetts General Laws ch. 93A, 2, through

their common course of deceptive conduct alleged herein; b. Whether, by reason of Defendants violations of M.G.L. c. 93A, Plaintiffs and

the Class are entitled to recover actual or statutory damages; c. Whether, by reason of Defendants violations of M.G.L. c. 93A, Defendant

should be required to either refund all sums which Plaintiffs and the Class paid for cable television, Internet, and telephone services during the Relevant Period, or disgorge all profits which they made during the Relevant Period; d. dealing; e. Class; and f. The nature and extent of any additional relief which the Class is entitled to Whether Defendant was unjustly enriched at the expense of Plaintiffs and the Whether the Defendant breached the implied covenant of good faith and fair

recover under M.G.L. c. 93A and/or the common law. 28. Plaintiffs assert claims that are typical of the claims of the entire Class. 29. Plaintiffs and their attorneys will fairly and adequately represent and protect the interest of the Class. Plaintiffs have no interests antagonistic of those of the Class. Plaintiffs have retained counsel who are competent and experienced in class action litigation. 30. Defendant has acted or refused to act on grounds generally applicable to all members of the Class, thereby making final relief concerning the Class as a whole appropriate.

31. Plaintiffs and the Class have suffered injury and damages as a result of Defendants wrongful conduct as alleged herein. Absent a class action, the Class will continue to suffer injury, thereby allowing these alleged violations of law to proceed without remedy, and allowing Defendant to retain the proceeds of their ill-gotten gains. 32. Plaintiffs anticipate that there will be no difficulty in the management of this litigation. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. COUNT I Breach of Contract 33. Plaintiffs reassert and incorporate herein each and every allegation in the preceding paragraphs of this Complaint as if set forth fully herein. 34. Plaintiffs and the Class had contracts with Defendant to provide them with cable television, Internet and/or telephone services in exchange for payments. 35. Plaintiffs and the Class performed according to such contract by paying, in advance, for their cable television, Internet and/or telephone services. 36. Defendant failed to perform according to such contracts by, among other things: a. failing to provide Plaintiffs and the Class with cable television, Internet and/or telephone services during at least a portion of the Relevant Period; b. charging Plaintiffs and the Class for cable television, Internet, and/or telephone services not provided during at least a portion of the Relevant Period; c. stymying or preventing Plaintiffs and the Class from getting a credit, refund, or bill adjustment for cable television, Internet, and/or telephone services not provided during at least a portion of the Relevant Period; and

d. failing to automatically give Plaintiffs and the Class a credit, refund, or bill adjustment for cable television, Internet, and/or telephone services not provided during at least a portion of the Relevant Period. 37. Plaintiffs and the Class have suffered injury, been damaged, and lost money. 38. Plaintiffs and the Class are entitled to damages. COUNT II Breach of Implied Covenant of Good Faith and Fair Dealing 39. Plaintiffs reassert and incorporate herein each and every allegation in the preceding paragraphs of this Complaint as if set forth fully herein. 40. There is implied in all contracts in Massachusetts the covenant of good faith and fair dealing. 41. Defendant breached the covenant of good faith and fair dealing and the duties owed to Plaintiffs and the Class by their actions and/or inactions, including but not limited to the following: a. failing to provide Plaintiffs and the Class with cable television, Internet and/or telephone services during at least a portion of the Relevant Period; b. charging Plaintiffs and the Class for cable television, Internet, and/or telephone services not provided during at least a portion of the Relevant Period; c. stymying or preventing Plaintiffs and the Class from getting a credit, refund, or bill adjustment for cable television, Internet, and/or telephone services not provided during at least a portion of the Relevant Period; and d. failing to automatically give Plaintiffs and the Class a credit, refund, or bill adjustment for cable television, Internet, and/or telephone services not provided during at least a portion of the Relevant Period.

42. Defendant was unjustly enriched. 43. Plaintiffs and the Class are entitled to damages. COUNT III Unjust Enrichment 44. Plaintiffs reassert and incorporate herein each and every allegation in the preceding paragraphs of this Complaint as if set forth fully herein. 45. Defendants practices resulted in Plaintiffs and the Class being charged for cable television, Internet, and telephone services during the Relevant Period. 46. The monies paid by Plaintiffs and the Class to Defendant conferred substantial benefits upon Defendant. 47. Defendant knew of the benefits conferred upon them by Plaintiffs and the Class. 48. Defendant appreciated the benefits conferred upon them by Plaintiffs and the Class. 49. Defendant accepted the benefits conferred upon them by Plaintiffs and the Class. 50. Defendant retained the benefits conferred upon them by Plaintiffs and the Class by failing to automatically give its customers a credit, refund, or bill adjustment for cable television, Internet, and/or telephone services during the Relevant Period that it knew it could not and actually did not provide. 51. Defendant was unjustly enriched. 52. Plaintiffs and the Class sustained damages.

CLAIMS FOR RELIEF Wherefore, Plaintiffs and the Class respectfully request that the Court: A. Certify this action as a class action pursuant to Rule 23 of the Massachusetts Rules

of Civil Procedure and designate Plaintiffs as the representatives of the Class; B. Determine the damages sustained by Plaintiffs and the Class as a result of

Defendants violations of law and award any actual damages proved and direct that Defendant either (a) refund all sums paid by Plaintiffs and the Class for cable television, Internet, and/or telephone services not provided during the Relevant Period, or (b) disgorge all profits which Defendant made on account of any payments made by Plaintiffs and the Class for cable television, Internet, and/or telephone services not provided during the Relevant Period; C. Award Plaintiffs and the Class their costs and disbursements of this suit, including,

without limitation, reasonable attorneys fees, expenses and costs; D. E. Award pre-judgment and post-judgment interest as provided by law; and Grant Plaintiffs and the Class such other and further relief as the Court may deem

just and proper. JURY DEMAND Plaintiffs, on behalf of themselves and all others similarly situated, hereby demand a trial by jury on all issues so triable. Dated: November 22, 2011 By their attorneys, _____________________________________ Jeffrey S. Morneau, Esquire (BBO# 643668) CONNOR, MORNEAU & OLIN, LLP 73 State Street, Suite 310 Springfield, Massachusetts 01103 Tel: (413) 455-1730 Fax: (413) 455-1594 jmorneau@cmolawyers.com 10