Californian Jon Hart has filed a lawsuit against Comcast arguing that its throttling of BitTorrent violates federal computer fraud laws, user contracts and anti-fraudulent advertising statutes.

According to Wired, Hart argues that Comcast’s “Download at Crazy Fast Speeds” promise is false and misleading as Comcast interferes with BitTorrent downloads, delivering in some cases no downloads at all. Hart is seeking to certify the suit as a class action and wants Comcast to pay damages to himself and all other California based Comcast subscribers.

Comcast has consistently denied that it is blocking BitTorrent traffic, despite numerous independent tests proving that this is the case.

Wired has a copy of the suit here (pdf)