Attorneys in San Francisco have filed a class action suit against electronics equipment maker Netgear, claiming its CM700 high-speed cable modem is defective.

The suit, filed on behalf of consumers by the firm of Schubert, Jonckheer & Kolbe, claims the device contains a serious defect that causes high spikes in network delays, making users' internet connections less efficient.

The suit, filed earlier this month in federal court in San Francisco, claims Netgear promoted the the modem as "ideal for the fastest Internet speed services plan." However, the complaint alleges it suffers from major network latency spikes.

It cites complaints it said it found on online forums, posted by consumers having difficulty with the equipment.

'Acknowledged the issue'

The attorneys say Netgear has acknowledged that there is an issue but has not fixed the problem. In December, Netgear introduced an upgraded cable modem, the CM1000.

"Consumers paid top dollar for a high-end cable modem, but the Netgear CM700 suffers from a serious flaw that affects network connections," said Noah Schubert, a partner at Schubert Jonckheer & Kolbe. "Netgear and other cable modem manufacturers shipping modems with the defect should recall the affected models and issue refunds."

The complaint maintains the issue arose when Netgear decided to swap out the Broadcom chipset in the CM700 with the Puma 6 chipset from Intel. The firm says Intel has acknowledged its Puma 6's chipset can cause cable modems to suffer from significant jitter and latency on their network connections.

The law firms says modems from other manufacturers may also be affected. A list of models and manufacturers is contained in this document.

The suit seeks a partial refund for consumers who purchased the CM700.


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