Judge Guts FTC's $4 Billion Lawsuit Against DirecTV (latimes.com)
The FTC has "failed to convince a federal judge in San Francisco that DirecTV should pay nearly $4 billion in restitution to customers for allegedly misleading consumers about the costs of programming packages," reports the Los Angeles Times. From the report: The judge didn't eliminate all of the FTC's false-advertising claims but made clear that "the scope of the maximum potential recovery in this case has been substantially curtailed." "This case did not involve the type of strong proof the court would expect to see in a case seeking nearly $4 billion in restitution, based on a claim that all of DirecTV's 33 million customers between 2007 and 2015 were necessarily deceived," U.S. District Judge Haywood Gilliam said Thursday.
The ruling follows an August 2017 nonjury trial of the FTC suit, alleging that DirecTV failed to adequately disclose to consumers in 40,000 print, mail, online and TV advertisements that its lower introductory pricing lasted just one year but tied buyers to a two-year contract. The FTC also alleged the subscription television service failed to alert customers that its offer for 90 days of premium channels required them to cancel the subscription to avoid continuing monthly charges.
The ruling follows an August 2017 nonjury trial of the FTC suit, alleging that DirecTV failed to adequately disclose to consumers in 40,000 print, mail, online and TV advertisements that its lower introductory pricing lasted just one year but tied buyers to a two-year contract. The FTC also alleged the subscription television service failed to alert customers that its offer for 90 days of premium channels required them to cancel the subscription to avoid continuing monthly charges.
The evidence should surely concern the amount per person so affected, not the absolute amount. To argue the evidence isn't worth $4 billion is stupid. Let's say there are 10 million subscribers affected by deceptive practices. The evidence would then only have to be worth $400, because that's the impact on an individual.
I have no problems with a cap, fines should be limited to ensuring crime doesn't pay (even one cent) plus a surcharge to reflect the cost of investigating and prosecuting crimes (thus bringing the total benefit to zero) plus a fixed penalty for the crime itself. It should not be otherwise constrained, and certainly not by political motives or a good old boys club.
Secondly, if a company needs to practice deliberate, wilful deceptive marketing, it should probably have its business license suspended. It obviously is in no shape to compete on merit.
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
What's that, like each and every flyer and screenshots of all ads run presented to evidence?
dealing with endless stacks of unopened junk mail from greed fear ego based wmd on credit psycho megaslothian entities is just more of the same poop?
My bill is $100+. What more proof does anyone need?
The useful idiots are out in force today.
ATT, Comcast, DirectTV, You-Name-It --- they all put out false and misleading advertising in order to hook you into a contract.
FINE THEM.
I've had DirecTV for nearly five years. There was no surprise when my bill increased after the first year because I read the fine print and asked questions to the person on the phone. People, read your contracts.
Yes there are a pile of extra fees, mostly equipment charges, but those aren't mentioned in the summary. I didn't RTFA, of course.
For many years, they also would tax your total, then apply your various credits (free box, etc), but not reduce the tax. It skimmed millions per month from subscribers. I considered filing a class-action-lawsuit, but noticed the arbitration clause would prevent it.
I did notice after complaining about it on a customer service call one it actually stopped a few months later, probably coincidence.
-Unresolved symbol? Byte me!
Yes, we all hate fine print, but we pretty much all know that fine print exists in every contract. No matter what stupid argument you want to make about font size being used, it is still on the consumer to fully understand any contract. That logic is universal.
One thing is for certain. If PT Barnum were alive today, he would have been the richest man on the planet.
"Unchosen:" Don't knock what could be the world's greatest title for a spaghetti Western.
So was this judge a bought-off Trump appointee or a technologically clueless Obama appointee?
So how much DID they think was OK. I tried to read the article but got:
Unfortunately, our website is currently unavailable in most European countries.
So now you know that the LA Times is selling your data and does not care for your privacy.
You are welcome.
Don't fight for your country, if your country does not fight for you.
"it’s calculated based on the profit the FTC estimates DirecTV made thanks to the false advertising." https://bgr.com/2017/08/18/att...
Since the RIAA can claim the number of **potential** dowlnoads by torrent users to determine damages for music downloads, the calculation used by the FTC seems to be a far BETTER for determining damages.
What's the problem judge or do you not know what your fellow judges accept.
(((they))) dindu nuffin