Edelson Lechtzin LLP is investigating claims on behalf of Comcast employees who paid the company’s $25-per-paycheck tobacco surcharge.

If you are a current or former Comcast employee who had a tobacco surcharge deducted from your paycheck, a newly filed class action lawsuit may affect your rights — and you may be entitled to a refund of the surcharges you paid.

Contact us for a free, confidential case review →

The Lawsuit

On July 17, 2026, a proposed nationwide class action was filed against Comcast Corporation in the U.S. District Court for the Eastern District of Pennsylvania — Cannon v. Comcast Corp., No. 2:26-cv-04998.

The complaint alleges that Comcast withholds a $25-per-paycheck tobacco surcharge — roughly $650 per year — from employees who use tobacco, unless they attest that they do not use tobacco products. According to the lawsuit, Comcast’s program does not comply with the Employee Retirement Income Security Act (ERISA), the federal law that governs employee health and benefit plans.

The case seeks to represent all Comcast employees nationwide who paid the tobacco surcharge.

These are allegations only. The claims described on this page have not been proven, and Comcast has not been found liable. Edelson Lechtzin LLP does not represent the named plaintiff in Cannon v. Comcast Corp.

Why the Surcharge May Be Unlawful

Under ERISA, an employer can charge tobacco users more only through a properly designed wellness program that meets strict federal requirements. A program qualifies for the legal safe harbor only if it is fully compliant. The lawsuit alleges Comcast’s program falls short in several key ways:

• No genuine “reasonable alternative.” ERISA requires employees to have a real way to avoid the surcharge — such as a smoking-cessation program — with the surcharge fully refunded to those who complete it. The suit alleges Comcast does not make a compliant alternative meaningfully available.
• No mid-year refund. The suit alleges that even when an employee completes a cessation program, Comcast’s plan documents disclose no mechanism to recover the surcharges already deducted earlier in the year — or to receive the full reward the law requires.
• Missing required disclosures. ERISA requires that the alternative and how to access it be spelled out in all relevant plan materials. The suit alleges Comcast’s summary plan description, annual benefits guide, open-enrollment materials, and tobacco-status attestation forms fail to provide the required notices.
• Breach of fiduciary duty. The suit alleges Comcast used the surcharge money to offset its own contributions to the employee health plans, in breach of its fiduciary obligations to plan participants.

Because of these alleged shortcomings, the lawsuit contends Comcast cannot claim the surcharge is a lawful health-contingent wellness program.

Do You Qualify?

You may be a member of the proposed class if:

• You are a current or former Comcast employee, and
• You paid a tobacco surcharge in connection with a Comcast health or welfare benefit plan.

The proposed class covers individuals across the United States. The complaint estimates the class numbers in the thousands.

What the Lawsuit Seeks

The lawsuit asks the court to require Comcast to, among other things:

• Refund and reimburse all employees who paid the tobacco surcharge;
• Provide restitution and disgorgement of the amounts Comcast collected and any profits it gained;
• Stop imposing the surcharge going forward; and
• Provide a full accounting of all surcharge payments, plus interest.

If you paid the surcharge, you may be entitled to recover the amounts deducted from your paychecks.

Why Edelson Lechtzin LLP

Edelson Lechtzin LLP is a national class action law firm based in suburban Philadelphia. The firm represents employees, consumers, and investors nationwide, with a nationally recognized ERISA practice built on recovering money for employees and retirement- and health-plan participants.

The firm currently serves in leadership positions in ERISA class actions across the country and has recovered tens of millions of dollars for plan participants, including settlements in:

• McNeilly v. Spectrum Health System — $6 million
• Hundley v. Henry Ford Health System — $5 million
• Moler v. University of Maryland Medical System — $3.25 million
• Parker v. GKN North America Services — $2.95 million
• Gaines v. BDO USA, LLP — $2.25 million
• Gotta v. Stantec Consulting Services — $2 million
• Crawford v. CDI Corporation — $1.8 million

Meet Eric Lechtzin — A Leader in ERISA Class Litigation

Eric Lechtzin is Managing Partner of Edelson Lechtzin LLP, and his practice focuses on ERISA retirement- and benefit-plan class actions, securities fraud, and wage-and-hour litigation. He has spent decades fighting for employees and plan participants against some of the country’s largest companies.

Mr. Lechtzin’s ERISA credentials include:

• U.S. Supreme Court advocacy. He co-authored an amicus brief in Retirement Plans Committee of IBM v. Jander, successfully urging the Court not to raise the bar for pleading claims against plan fiduciaries.
• A landmark appellate win. He helped secure the Ninth Circuit’s reversal in Bugielski v. AT&T Services, Inc., a significant decision on the disclosure duties of plan fiduciaries.
• Lead and co-lead counsel in numerous successful ERISA class actions, including a $6.5 million settlement in Daugherty v. University of Chicago and a $5.8 million settlement in Nicolas v. Trustees of Princeton University, along with the health-system and corporate-plan recoveries listed above.

Mr. Lechtzin has been named a Pennsylvania Super Lawyer for Class and Mass Tort Litigation every year since 2017, is AV Preeminent-rated by Martindale-Hubbell, and holds a perfect 10.0 rating on Avvo. He earned his J.D. from Temple University Beasley School of Law and is admitted in California, New Jersey, and Pennsylvania, and before numerous federal courts nationwide.

Contact Us for a Free, Confidential Case Review

If you paid Comcast’s tobacco surcharge, contact Edelson Lechtzin LLP today to learn about your rights. There is no cost and no obligation, and all inquiries are kept confidential. Class action cases like this are handled on a contingency-fee basis — you pay nothing unless there is a recovery.

Edelson Lechtzin LLP [Insert phone number] [Insert intake email] [Insert firm address]

Submit your information →

Please provide your name, contact information, dates of Comcast employment, and confirmation that you paid the tobacco surcharge, and a member of our team will follow up promptly.

Attorney Advertising. Prior results do not guarantee a similar outcome. The allegations described above are drawn from a publicly filed complaint and have not been proven in court. Contacting Edelson Lechtzin LLP does not create an attorney-client relationship. This page is intended for current and former Comcast employees and is not a solicitation of any person represented by counsel.