US Supreme Court to Hold Hearing on Consumer Lawsuit Against DIRECTV
Seven years ago, Consumer Watchdog’s legal team brought a class action lawsuit against DIRECTV on behalf of California customers who were charged unlawful early cancellation fees of up to $480 – often taken directly out of a consumer’s bank account or charged to a credit card without the customer’s permission. Next month, the U.S. Supreme Court will hold a hearing on DIRECTV's argument that the case should be thrown out. The company claims its customers agreed to resolve all disputes with the company through a one-on-one arbitration with a private firm, rather than through a class action in a court.
It's an odd argument for the company to make, since the customer contract that DIRECTV wrote specifically says that its provision requiring arbitration is “unenforceable” if “the law of your state” forbids the agreement’s prohibition on class actions. Under California law, such prohibitions on class actions are unlawful – which means that DIRECTV’s arbitration provision is unenforceable.
DIRECTV initially acknowledged in court that its arbitration clause did not apply to the lawsuit – but later changed its mind. After the California Superior Court and the Court of Appeal rejected DIRECTV's argument that the case should be dismissed, the company went to the U.S. Supreme Court, which agreed to review the case last year. The high court will hear the case on October 6, 2015.
5/8/2016News ReleaseLos Angeles, CA -- A class action lawsuit against DIRECTV brought in 2008 by California consumers who were forced to pay unlawful... More >
5/23/2016News ReleaseFCC’s Set-top Box Plan Would Increase Competition And Cut Costs, But Should Not Be Enacted Unless Pandora’s Box Of Privacy Issues Are Solved, Consumer Watchdog SaysSANTA MONICA, CA – The Federal Communications Commission’s plan to open the set-top box market to competition offers... More >
10/6/2015Legal UpdateOur attorneys' report from the US Supreme Court is that this morning’s oral argument didn’t reveal which way the... More >
12/14/2015Legal UpdateU.S. Supreme Court Forces DIRECTV Customers Out Of Court, Into Private Arbitration Over Illegal $480 “Early Cancellation Fees”In the latest of a series of decisions closing the courthouse doors on consumers, the U.S. Supreme Court ruled this morning, 6 to... More >
9/15/2015Courtroom CaseImburgia and Greiner v. DIRECTV Los Angeles Superior Court No. BC 398295 Court of Appeal, Second Appellate District, No. B239361... More >