Time Warner Entertainment Co. v. Whiteman

SULLIVAN, Justice.

Two customers of a cable television company who paid the "late fees" imposed on their bills sued to get back a portion of the money they had paid, arguing that the fee imposed exceeded the cable company's cost of collection. The Court of Appeals held that they were not entitled to recover because they had made the payments voluntarily. We hold that the "voluntary payments doctrine" is not applicable here.

Background

Jean Wilson and Kelly Whiteman were both subscribers to the cable television service of Time Warner Entertainment, L.P. Each signed a contract with Time Warner…