Special to the SunÂ
In a major victory for consumers, the Ninth U.S. Circuit Court of Appeals recently held that DirecTV’s contractual ban on customers bringing class actions against it violates a “fundamental policy” of California.
The Court also ruled that, because DirecTV is headquartered in California and the national class action lawsuit is based on California law alone, DirecTV could not use the “choice-of-law” provision in its contract to avoid the application of California law in this case.
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The plaintiffs in this putative nationwide class action allege that DirecTV has violated California consumer protection laws by engaging in a “bait and switch” scheme in which it markets satellite television receivers for purchase, informing customers only after the sale is completed that they have merely “leased” the equipment and must pay additional long-term monthly fees or incur cancellation penalties.
DirecTV’s consumer contract includes a term banning its customers from bringing or participating in a class action ban, but a California court had earlier ruled that the class action ban is unenforceable under California law. DirecTV sought to block the case by arguing that California law did not apply to the contracts of non-California customers.
“This victory allows us to vigorously pursue the claims of our clients throughout the United States,” said Michael Reese of New York, co-counsel in the case. “We look forward to bringing them justice in this matter."


Comments
80 comment(s)Karl pace wrote on Sep 25, 2011 8:13 AM:
Johan Adam wrote on Apr 29, 2011 5:15 PM:
I want to get justice. "
wandamuldrow wrote on Feb 24, 2011 8:30 AM:
Dianne St.Amand wrote on Feb 9, 2011 8:40 PM:
Joe L. wrote on Jan 16, 2011 10:11 AM:
Rene wrote on Jan 2, 2011 6:23 AM:
tammyjk wrote on Nov 11, 2010 2:00 PM:
Patty Pinkstaff wrote on Oct 17, 2010 4:23 PM:
Mardriana Roberson wrote on Sep 27, 2010 4:17 AM:
Havey wrote on Sep 19, 2010 3:01 PM:
william r wrote on Sep 18, 2010 9:28 PM:
Elise wrote on Sep 18, 2010 2:43 PM:
Carol R. wrote on Sep 17, 2010 1:58 PM:
Carol wrote on Sep 17, 2010 1:56 PM:
Carol Rhodes wrote on Sep 17, 2010 1:52 PM:
geraldine lotz wrote on Aug 12, 2010 8:47 AM:
Jan wrote on Aug 9, 2010 1:46 PM:
Blaine wrote on Jul 23, 2010 10:43 AM:
NANCY wrote on Jul 20, 2010 4:34 PM:
Rosemary Phillips wrote on Jun 13, 2010 4:13 PM:
Rosemary Phillips wrote on Jun 13, 2010 4:10 PM:
Rosemary Phillips wrote on Jun 13, 2010 3:23 PM:
DirecTV sent this unpaid amount to collections and is now on my credit report. I would like to seek to get repaid the damages I have suffered in this case. "
Betty Rudy wrote on Jun 12, 2010 9:48 AM:
Betty RUdy wrote on Jun 12, 2010 9:44 AM:
Cindy T wrote on Jun 8, 2010 6:26 PM:
Sharon wrote on Apr 26, 2010 10:36 AM:
Would like to join class action lawsuit aagainst them. "
Richard wrote on Mar 29, 2010 6:05 PM:
GROB wrote on Mar 27, 2010 1:30 PM:
Jerry wrote on Mar 24, 2010 2:48 PM:
Mike Hanson wrote on Mar 19, 2010 6:03 PM:
Mike Hanson wrote on Mar 19, 2010 5:52 PM:
Craig M. wrote on Mar 17, 2010 9:00 AM:
Steve wrote on Mar 15, 2010 1:54 PM:
insanenlost wrote on Mar 10, 2010 1:39 AM:
sheron cohen wrote on Mar 8, 2010 8:32 AM:
Gary Ede wrote on Mar 7, 2010 8:57 PM:
Subsequently we were charged $29.99/mo. and $400 was taken out of her account by the dealer when we canceled and Quest is trying to charge her now another $396. We would not have gone with DirectTV had we known they consider it a contract. "
Marc wrote on Mar 3, 2010 6:46 PM:
Call me @ 818-344-6620 to help Stop DirectTV Deceptive SOP
Sincerely Marc "
Amanda Hill wrote on Mar 2, 2010 9:29 AM:
gary d criscione wrote on Feb 28, 2010 10:20 PM:
John wrote on Feb 20, 2010 6:26 PM:
Mary wrote on Feb 20, 2010 12:41 PM:
clay adams wrote on Feb 19, 2010 10:30 AM:
Luke B wrote on Feb 16, 2010 5:29 PM:
Bruce D wrote on Feb 10, 2010 5:14 AM:
glad I did not have direct pay. "
Mr. Min wrote on Feb 8, 2010 4:24 PM:
So does anyone know yet, how to become a plantiff in the lawsuit? I am in the bay area of CA. "
Lynette Myers-Brown wrote on Jan 21, 2010 6:41 PM:
Rrussell wrote on Jan 20, 2010 1:30 PM:
JMG wrote on Jan 19, 2010 8:47 AM:
Terri wrote on Jan 11, 2010 8:29 PM:
Maryscott OConnor wrote on Jan 8, 2010 4:55 PM:
You can cancel it. Do not let them try to intimidate you. If they DO try to charge you an early cancelation fee, take them to small claims court. They COUNT on people being too intimidated to do this. It's all about volume with this corporation. "
Philip Wilson wrote on Jan 4, 2010 1:48 PM:
This must be illegal? "
D Dicus wrote on Jan 1, 2010 2:09 PM:
Donald Albrecht wrote on Dec 22, 2009 3:18 PM:
Lindsay wrote on Dec 21, 2009 8:14 PM:
Steve wrote on Dec 21, 2009 1:44 PM:
Kathleen West wrote on Dec 19, 2009 7:51 PM:
Mark wrote on Dec 18, 2009 4:01 PM:
Christina B wrote on Dec 18, 2009 10:37 AM:
Ebony wrote on Dec 18, 2009 8:04 AM:
They seem to be of the opinion that you should have found a plave where you could have DirecTV. "
Corrie Hayes wrote on Dec 15, 2009 7:18 AM:
steve miller wrote on Dec 13, 2009 1:26 PM:
Fred Sayin wrote on Dec 12, 2009 9:20 AM:
Rich wrote on Dec 11, 2009 2:57 PM:
They wanted $99 plus a 2 year contract (and an extra $10 per month) for a receiver that would get all the Digital channels. My bill to them would have been over $150 permonth. Screw em! NoMoreBusinessWithDirecTV! "
David wrote on Dec 11, 2009 7:56 AM:
WDM wrote on Dec 10, 2009 10:12 AM:
TRUDGE wrote on Dec 9, 2009 8:09 PM:
You got it right... NO repeat charges... and once signed up...go cancel whatever card you used then you got them OVER DE barrel instead of them holding you hostage "
Richard Fedder wrote on Dec 8, 2009 1:16 PM:
ILL BE DIRECT... wrote on Dec 7, 2009 10:20 PM:
Now in KRV I enthusiastically recommended DTV to a family friend. Happily, DTV & Costco had a $29.99 'package' that with rebates & fixed prices, would be about 100 more channels than Mediacom offers, etc. Long Story Short, 1st month: 30 calls minimum to DTV, Price is steadily $49/up a month & it took months to get the 'deal' from DTV &'discounts' Costco sent their portion of agreement, asap. I'M DONE WITH DIRECT. So Dish Network, how you doin? "
Kay Krauss wrote on Dec 3, 2009 8:11 AM:
here in cal wrote on Dec 3, 2009 7:08 AM:
When people see this behemoth corporation preying on senior citizens on TV, people will run from this fraudulant outfit. "
Gary Ede wrote on Dec 2, 2009 12:31 PM:
Victor La Fountaine wrote on Dec 1, 2009 9:59 PM:
Xavior wrote on Dec 1, 2009 5:30 PM:
If we could get signal I would stay with them because they have the best HD. So now we have to pay a fee. No loyalty at DirecTv anymore. "
Mac wrote on Nov 30, 2009 7:23 PM:
ralph swenk sr wrote on Nov 30, 2009 3:06 PM:
Debbie J. wrote on Nov 30, 2009 1:30 PM:
Phil Hopstein wrote on Nov 29, 2009 11:39 AM:
Fred wrote on Nov 29, 2009 8:32 AM:
Larry McKnight wrote on Nov 28, 2009 12:53 PM:
David Welther wrote on Nov 26, 2009 11:32 AM: