Eaves v. Earthlink

Summary

In this class action, plaintiffs are suing EarthLink over millions of dollars of allegedly unfair early termination fees. Each time an EarthLink customer canceled their services early, or in the case of three class representatives, simply upgraded their services or moved residences, they were charged $149.95 in penalty fees.

Plaintiffs assert, in their complaint, that these fees are unreasonable and far exceed any "legitimate measure of liquidated damages."

Additionally, plaintiffs take issue with how the penalties were collected, stating that it was not a voluntary payment, and instead that EarthLink charged the plaintiff's credit cards without notifying them.

Complaint (PDF) in the case.