Dismissed Broadband Advertising Suit to Proceed in Florida State Court
Plaintiffs accusing a variety of broadband providers of "bait and switch" advertising plan to continue pursuing their suit after a U.S. district judge in Tampa dismissed the federal complaint and remanded it to the Florida 6th Judicial Circuit in Pasco…
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County. Jerry Collette, one of two plaintiffs who sued as TruthinAdvertisingEnforcers.com, told us in an email Monday he will pursue the allegations there. In her order (in Pacer) last week on multiple motions to dismiss (see 1610060010), U.S. District Judge Virginia Hernandez Covington said TruthinAdvertisingEnforcers.com lacks Article III standing to bring its claims since it hasn't argued actual injury, doesn't have statutory standing to bring its Racketeer Influenced and Corrupt Organizations Act claim and can't bring a civil claim on the other federal statutes it cites. Being sued are Dish Network, Frontier Communications, Charter Communications, Hughes Network and EarthLink and sales agents Infinity Sales Group and GoDish.com.