Court Says New York-Charter Suit Not Preempted by FCC Transparency Rules

The New York State Supreme Court's appellate division has cleared the way for the state to continue pursuing a lawsuit against Charter Communications over broadband speed claims. The appellate court ruled that the FCC's 2015 Open Internet Order's transparency rules did not give the commission the power to preempt the state's lawsuit and said the state's claims are actionable. The ruling affirmed another appellate judge's rejection of Charter's argument that the state's claims in a lawsuit "based on allegations of false promises about broadband speeds involve an irreconcilable conflict between federal and state law that requires a finding of preemption." “This is great news for broadband users in New York, and it bodes well for state efforts to protect broadband users generally," said John Bergmayer, senior counsel at Public Knowledge. "Such efforts are especially important given the current FCC’s decision to abdicate many of its consumer protection responsibilities with respect to broadband.”