Waters v. Earthlink, Inc.

Kane, Robert J., J.

Plaintiff West Waters (“Waters”) brings this action against defendants EarthLink, Inc. (“EarthLink”) and OneMain.com, Inc. (“OneMain”) for breach of contract (Count I) and violation of G.L.c. 93A (Count II). The matter is before this court on Waters’ motion to certify this case as a class action. For the following reasons, this motion is DENIED.

BACKGROUND

Based on the pleadings, expert reports and testimony, affidavits, and other supporting documents before this court, the following constitute the facts as gleaned from the record.

Cape Internet and New England Access (“New…