Colton, CA asked in Civil Litigation, Civil Rights and Consumer Law for California

Q: My cable company consistently sends me mail in Spanish. My last name is Smith. I live in the USA and speak only English.

Can I sue? This is the US. Not Mexico. To me it is discrimination. I have no idea what they are saying I'm their correspondence.

2 Lawyer Answers
David Keith Hicks
David Keith Hicks
Answered
  • Dunsmuir, CA
  • Licensed in California

A: Sure you can sue. The question is: can you win? not every kind of discrimination is illegal. You can prefer beef to pork, for example. Discrimination laws protect certain CLASSES of people as defined in our constitution and laws. An airline cannot be prevented from not hiring very heavy and large people, but can be sued for firing them if they can weight due to illness. Other protected classes are based on things like age, sex, sexual preference, national origin, religion, race and political preference. You've raised the issue of race. Is the cable company discriminating against you based on race? You don't mention one. Your best bet, check the mailings for English versions--they usually send both. Second, if you don't find any English language materials, call them and ask them to change your language preference. Third, you could benefit by learning to speak Spanish. You can't win with these facts because not being bilingual doesn't put you inside a protected class. Another reason is the Cable Company is not a governmental entity so you'd lose based on that too.

1 user found this answer helpful

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: That is not discrimination. Just call them to clarify the mix-up. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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