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KAPLAN v. CABLEVISION OF PA, INC.

448 Pa.Super. 306 (1996)

671 A.2d 716

Kenneth KAPLAN, on Behalf of Himself and all Others Similarly Situated, Appellant, v. CABLEVISION OF PA, INC. and its Successor in Interest, Suburban Cable TV Co., Inc., Appellees.

Superior Court of Pennsylvania.

Filed February 5, 1996.

Attorney(s) appearing for the Case

Michael J. Boni, Philadelphia, and Michael D. Donovan, Haverford, for appellant.

Geoffrey L. Beauchamp, Norristown, for Cablevision of PA, appellee.

Alexander Kerr, Philadelphia, for Suburban Cable TV, appellee.

Before ROWLEY, President Judge, and TAMILIA, KELLY, POPOVICH, HUDOCK, FORD ELLIOTT, SAYLOR, HESTER and BROSKY, JJ.

HUDOCK Judge:

If a cable company fails to voluntarily rebate fees for periods of cable interruption, does this constitute an unfair or deceptive practice under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), 73 P.S. section 201-1 et seq., when the cable subscription agreement does not expressly obligate the cable company to provide continuous, uninterrupted service? We find that it does not and hence affirm the trial court's November...

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