Marc Himmelstein said he called Comcast to cancel his cable and high-speed Internet services in June 2010. The cable company removed its equipment from Himmelstein's home, but left behind the modem unknown to the customer, ABC News reported.
Comcast charged $220 for the modem, but Himmelstein said he only became aware of it when he called seeking a $123.19 credit the company had previously told him he was due. Himmelstein said he didn't know the charge was sent to a collection agency until he attempted to refinance his mortgage and his negative credit score caused him to owe an additional $26,000 on his mortgage.
He sued Comcast for breach of contract, breach of implied covenant of good faith and fair dealing, negligence and constructive fraud, Courthouse News Service reported Wednesday.
He also sued the collection agency, Credit Protection Association, for negligence, constructive fraud and violations of the Fair Credit Reporting Act.
District Judge James Boasberg agreed with Comcast that the allegations do not prove the cable company acted in bad faith and dismissed the claim, ABC News reported.
Himmelstein is seeking $26,000 in damages in addition to the $123.19 credit he was owed and legal fees.
Swim Week Miami Beach 2014 [PHOTOS]