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Case Center
DirecTV
- Issue: Early cancellation charges
DirecTV Early Termination Fees
Lieff Cabraser represents subscribers of DirecTV that were assessed fees ranging from $100 to $500 for the early cancellation of their service. The class action lawsuit alleges that these fees were illegal because DirecTV failed to inform subscribers that they were under any contractual obligation to maintain service for a given period of time (usually 18 months or two years) when they signed up for the service.
Case Status
Within DirecTV's customer agreement is a section providing for the arbitration of most claims. In November 2010, the District Court stayed the multi-district litigation pending the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011).
On September 8, 2011, U.S. District Court Judge Andrew J. Guilford held that while he was bound by Concepcion to reject plaintiffs' argument that the arbitration clause was unconscionable, and on that basis compelled arbitration of plaintiffs' claims for monetary damages, also denied DirecTV's motion to compel arbitration with respect to plaintiffs' claims for injunctive relief under two California statutes: the Consumer Legal Remedy Act (“CLRA”) and the Unfair Competition Law (“UCL”). That holding is the first of its kind by a California federal judge since Concepcion came down, and an important step in limiting the reach of that holding.
Contact Lieff Cabraser
If you were a DirecTV subscriber and were improperly assessed a fee for termination of your service, please click here to contact a consumer protection attorney at Lieff Cabraser.