ATTORNEY NEWSLETTER
Consumers would like to see a class action lawsuit against DirecTV for charging early termination fees/penalties without the consumers consent go to trial. DirecTV would prefer that a California appeals court send the lawsuit to arbitration and to take away the consumers constitutional right to jury trial. DirecTV is attempting to take away consumer rights by avoiding a trial. The lawsuit alleged that DirecTV did not disclose early termination fees to customers when they signed up for the service. California consumer attorneys would like to see this case go to trial and for consumers 7th Amendment Right to Jury to be protected against corporations trying to take away those rights.
DirecTV claims that the U.S. Supreme Court’s AT&T Mobility v Concepcion decision means that the case must go to arbitration. In an attempt to deprive consumers of their rights, DirecTV asked the California appeals court to overturn the denial of their motion to compel arbitration. The motion to compel arbitration was field by DirecTV after the Concepcion decision in April of 2011. Attorneys for DirecTV argued that Concepcion should apply to this case. California consumer attorneys would like to see consumers get their day in court.
The lawsuit was filed in September of 2008. It was alleged that DirecTV did not disclose the high termination fees associated with cancelling the service before the contract expired. The class was certified in April 2011. In May of 2011 DirecTV moved to decertify the class so that it could be sent to arbitration. A California Superior Court Judge denied the motion, saying that Concepcion did not apply to this case and the case has been on appeal now for about two years. California consumer attorneys would like to see the denial of the motion to compel arbitration upheld. The Evans Law Firm, Inc. is representing the DirecTV class members in this case, along with co-counsel.
Evans Law Firm, Inc. handles whistleblower/false claims, consumer fraud class actions, insurance and banking fraud, consumer product liability, elder abuse, and personal injury cases. If you think that you have witnessed or are the victim of financial fraud by an insurance company, bank or individual then, contact Evans Law Firm, Inc. at (415) 441-8669 for a free and confidential consultation, or email info@evanslaw.com.
