Hot on the heels of criticism over Comcast’s tactics to halt the flow of torrents and other types of file sharing and an FCC complaint over the same issue, California subscriber Jon Hart has filed a suit against the company alleging they are engaging in unfair business practices.

Comcast has repeatedly denied that it blocks access to any websites or applications, but instead “delays” certain P2P networks during high traffic periods in order to provide all of their customers with a good internet experience. Hart case is based on Comcast marketing claims that it offers fast, “unfettered access to all the Internet has to offer.” Hart claims Comcast’s limitations on peer-to-peer traffic constitute a breach of contract as well as false advertising.

He is seeking a change in the company’s advertising to reflect its traffic-shaping practices, damages associated with any out-of-pocket costs of replacing the service, and an injunction barring Comcast from further interference with internet traffic.