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On Your Side Investigation Update: Customer sues Suddenlink

Published: Oct. 23, 2020 at 5:26 PM CDT|Updated: Oct. 23, 2020 at 6:25 PM CDT
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SPRINGFIELD, Mo. (KY3) - Jeff Bain is representing himself in small claims court. He’s asking for $5,000.

You may remember this On Your Side investigation.

A man in Branson is suing Suddenlink. Back in July, we told you about Jeff Bain with the now-closed Any Body’s Garage. Bain says his phone and internet weren’t reliable. He says he lost nearly $20,000 in revenue.

Bain says he received a settlement offer of $2,500. There’s a confidentiality clause that reads in part: He shall not make any statements, or otherwise make available information to any person, corporation, media or social media the amount and terms of this settlement.

Bain would not agree to that. So the case went to trial Friday morning.

“They wanted to put a gag order on me were I couldn’t speak to anybody about anything factual or non-factual. I’m just not going to agree to something like that. I’m not going to slander anyone, but I want the option to share facts if needed,” said Bain.

An attorney representing Suddenlink drove down from St. Louis and presented a motion to dismiss the case. It says claims must go through mandatory arbitration. It’s in a clause of the Suddenlink contract Jeff Bain signed.

A Taney County judge agree .and offered to let the arbitration take place at the Taney County courthouse. The Suddenlink contract says arbitration will happen in the state of New York. So we’ll see what happens.

“We now have to prove they breached that contract by providing a service that didn’t function properly. They also were not able to correct the condition when we found out it was not functioning,” said Bain.

A Suddenlink spokesperson told On Your Side they won’t comment on pending legal proceedings.

Bain filed complaints with the Federal Communications Commission, Better Business Bureau and Attorney General.

So far this year the Attorney General’s Office has 106 complaints about Suddenlink.

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