Judge again allows Gurdon’s franchise fees suit against Suddenlink to proceed

A judge has again ruled that a lawsuit filed against Suddenlink by Arkansas cities can move forward.

The lawsuit, filed by the City of Gurdon, claims that Suddenlink has failed to pay proper franchise fees for its use of city rights-of-way and has failed to meet the required minimum service requirements for city cable customers.

Suddenlink, which has since changed its name to Optimum, provides cable TV, internet and telephone services and is the exclusive cable TV provider in 59 Arkansas cities, including Arkadelphia and Caddo Valley.

Gurdon sued Suddenlink in Clark County Circuit Court in 2021 after state and local officials had received numerous complaints about the company’s prices and services. A federal court denied Suddenlink’s attempt to transfer the lawsuit in 2022. Suddenlink then filed a Motion to Dismiss and a Motion to Compel individual arbitration. In April, 2024, the Arkansas Court of Appeals rejected Suddenlink’s arbitration request and ruled that the case could proceed as a class action with Gurdon serving as the representative party.

The circuit court denied a motion to dismiss by Suddenlink in December, 2024, but the company filed another motion to dismiss two months later. That motion was denied on May 28.

Gurdon and the other Arkansas cities now hope they can get information from Suddenlink regarding the service complaints and issues related to the company’s franchise payments.

Gurdon Mayor Larry Thomerson was pleased with the Judge’s ruling. “Gurdon is honored to represent the other cities who have had problems with Suddenlink and we’re glad the court rejected Suddenlink’s latest attempt to avoid our claims.”

Judge Kathleen Bell was appointed to preside over the case after Suddenlink notified the original Judge that he was among a group of former customers who was entitled to make a claim in a different lawsuit that accused Suddenlink of imposing deceptive fees.

Gurdon is represented by Todd Turner and Dan Turner of Arkadelphia and Tom Thrash and Will Crowder of Little Rock. Suddenlink is represented by Tom Curry of McMillan, McCorkle & Curry in Arkadelphia and Kyle Seelbach of St. Louis, Missouri.