DirecTV Charged With Extortion In Class Action Suit
from the shouldn't-you-have-proof-of-a-crime-before-you-demand-money? dept
We've written about DirecTV's questionable legal strategy a few times in the past. After getting their hands on the customer lists of some companies that were selling smart card readers, DirecTV sent legal nastygrams to everyone on those lists, accusing them of stealing DirecTV signals. This ignored, of course, the fact that those card readers have other (legitimate purposes). While it's likely that many people did use them for illegally accessing satellite TV signals, DirecTV had no specific proof, other than their name on a customer list. On top of that, the letter made it clear that as long as people paid up $3,500, they wouldn't get sued. In a lot of ways, it's difficult to distinguish that from extortion, and so a group of those accused by DirecTV have filed a class action lawsuit against the company for these actions. DirecTV claims the suit has no merit and that it will be thrown out (as similar cases in the state of California have been).Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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DIRECTV Scams
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Re: DIRECTV Scams
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Re: DIRECTV Scams
for a law suit against them by haven't received a response.
How did they invade my acount? I am searching for
others involved in class actions against Directv.
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Re: DIRECTV Scams
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Re: DIRECTV Scams
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Re: DIRECTV Scams
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Directv is horrible
When you first try to purchase the service, you get a person who speaks perfect English. However, when you need help after you are stuck with them for a two year contract, you get someone from India who can’t speak a word of English. Also, it’s disgusting how they treat you over the phone after waiting half hour on the phone for a representative.
They are very expensive, rude, greedy, unprofessional, and I can’t wait until my stupid contact is over so I can cancel the service.
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Re: Directv is horrible
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Re: Directv is horrible
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Re: Directv is horrible
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Re: Directv is horrible
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Lease fee for personally purchased/owned equipment
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Re: Lease fee for personally purchased/owned equip
I can be reached at 916-568-1100 or by email at mjt@wtwlaw.com. Thank you.
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Re: Re: Lease fee for personally purchased/owned equip
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I feel they lied to me and stole the receiver I purchased. Is there anything I can do?
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Re: Lease fee for personally purchased/owned equipment
Class Action Lawsuit Against DirecTV Regarding "Leased Receiver" Fees Allowed to Proceed
Court denies DirecTV's Motion to Compel Arbitration thereby allowing putative class action that alleges DirecTV improperly assessed "Leased Receiver" fees and collected excessive "taxes" to move forward.
Atlanta, GA (PRWEB) October 31, 2009 -- In an order dated October 28, 2009, United States District Court Judge Charles A. Pannell, Jr. denied a motion by DirecTV to compel arbitration in the case of Jones v. DirecTV, Inc. (Case Number 1:09-CV-1036-CAP). The class action lawsuit claims that DirecTV and The DirecTV Group, which are headquartered in El Segundo, California, have improperly assessed monthly "Leased Receiver" fees upon customers who obtained their receiver from an authorized DirecTV dealer. Judge Pannell also denied DirecTV's motion to stay the case, thereby allowing the plaintiffs to proceed with discovery.
The lawsuit has been pursued on behalf of named plaintiff Andrea Jones, one of DirecTV's over 18 million subscribers. According to the terms of DirecTV's contract with customers such as Ms. Jones, a lease fee in the amount of $4.99 per month is assessed for each DirecTV receiver being used by the customer. According to the contract, however, customers are supposed to receive a $4.99 monthly credit to their account for the first (primary) receiver. Ms. Jones' lawsuit alleges that DirecTV has failed to provide the monthly credit according to the terms of the contract.
In addition, the Complaint alleges that DirecTV also improperly charged its customers sales tax on these improper "Leased Receiver" fees. The suit claims that DirecTV also collects excessive amounts of sales tax on the leasing fees by charging customers for taxes on the credited amount and collecting a greater percentage rate of tax than allowed under state law. The plaintiffs allege that DirecTV is liable for all damages that have resulted from its conduct. Moreover, the Complaint seeks injunctive relief to prevent DirecTV from continuing to assess these improper charges.
DirecTV responded to the lawsuit by moving the Court to compel arbitration in accordance with DirecTV's customer agreement. Had this motion been granted, the case would have been removed from the judicial system and litigated in a forum more favorable to DirecTV. Enforcement of the arbitration provision of the customer agreement also would have prevented the pursuit of the case as a class action on behalf of all of the customers harmed. Judge Pannell found that the class action waiver contained within the customer agreement rendered the arbitration clause substantively unconscionable and therefore unenforceable.
The putative class action lawsuit has been filed by Atlanta attorneys E. Adam Webb and G. Franklin Lemond, Jr. of Webb, Klase & Lemond, LLC. The case is pending in the United States District Court for the Northern District of Georgia. If you wish to discuss this action or have any questions concerning this press release, please contact the firm via e-mail at contact (at) webbllc (dot) com or by calling G. Franklin Lemond, Jr. directly at (770) 444-9325.
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HD Extra Now 4.99 more!!! For channels they TOOK f
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Re: HD Extra Now 4.99 more!!! For channels they TOOK f
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Lease fee for owned equipment
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Followup on previous techdirt listing
I have to give Directv a thumbs up on this one although they still have some work to do when it comes to setting up an install contract and getting it right the first (or second) time.
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Contract non-disclosure
Here is DirecTV's response regarding its so called contracts: "We advised you of the commitment at the time the equipment was ordered and when the equipment was activated on 01/06/2007. We also noted the commitment on the order confirmation we mailed to you. The commitment and early cancellation fee are detailed in the Customer Agreement at directv.com/agreements and we sent a copy of the agreement with your first bill. DIRECTV does not require a signature to complete this agreement. New copies were sent any time the agreement changed..." Notice the absence of any bilateral agreement here. You can't just shove something this big down consumer's throats without an agreement.
They don't even keep a record of sending you any of this stuff. This is a slam dunk case in court. How a company this large can get away with this for so long I have no idea. When I signed up with Dish, they give you a carbon copy of a SIGNATURE with whatever it is you agreed or didn't agree to. I never signed anything of the sort with DIRECTV. These guys are toast.
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Re: Contract non-disclosure
My argument is the early cancellation fee policy:
"If you do not fulfill your Programming Commitment, DIRECTV may charge you a fee of up to $360 for standard equipment or $480 for advanced receivers."
Why is nobody challenging the "may" in that statement? Under what criteria are you able to cancel WITHOUT paying the fee? Obviously there is something there, but nobody from DirecTV will answer my question.
They told me over the phone that I wouldn't be charged the fee to cancel, then turned around and ripped $438 from by bank account, forcing my car payment to bounce!
I want to nail these guys to the wall!
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Wish us luck... last we heard is that we're gonna have to pay or risk having our credit ruined.
I will never recommend them to another living soul. They are terrible! oh... I also had to make 3 calls for the return boxes... they never ordered them the first 2 times and finally, the third time they did.
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Receiver Fees
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Re: Receiver Fees
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Wexler Toriseva Wallace LLP files nationwide class action for purchasers of DirecTV satellite receivers.
(PRWEB) February 22, 2008 -- The law firm of Wexler Toriseva Wallace LLP, with co-counsel Green Welling LLP, filed a class action complaint against DirecTV and Best Buy, alleging that the companies fail to adequately disclose that a purchase of a DirecTV satellite receiver is considered by DirecTV to be a "lease", for which it charges consumers monthly lease fees. The lawsuit was filed on behalf of consumers nationwide, further alleging that consumers instead believe that they own the receivers they purchase from DirecTV or its retailers, like Best Buy and Circuit City. Only later, according to the suit, do they discover that they must pay lease fees, and return their receivers if they cancel their DirecTV subscription. The lawsuit seeks recovery of all lease fees paid, and a judgment declaring that DirecTV's purported lease is invalid. The class action complaint was filed in Los Angeles federal court (Case No. CV08-00906 ABC (PJWx).
According to Mark J. Tamblyn, a partner in Wexler Toriseva Wallace's Sacramento office, "consumers should be fully advised that their purchases of DirecTV receivers come with strings. They should not have to discover after paying hundreds of dollars for a receiver that their purchase is more like a rental, requiring continuous payments."
Wexler Toriseva Wallace LLP (WTW Law Firm - Class Action Legal Services) is a national leader in prosecuting class actions and other complex litigation on behalf of consumer and business clients in state and federal courts throughout the United States. The firm is based in Chicago, Illinois and maintains additional offices in California and West Virginia. Contact: Mark J. Tamblyn (916) 568-1100.
Additional Contacts:
Green Welling LLP (Green Welling LLP - National Class Action Attorneys :: Home) represents a wide range of individuals and businesses in class actions and other complex litigation in state and federal courts across the nation. This firm is based in San Francisco, California. Contact: Robert S. Green (415) 477-6700.
Kershaw Cutter & Ratinoff LLP (Kershaw Cutter & Ratinoff | Northern California Class Action Lawyers, Personal Injury Attorneys) prosecutes complex wage and hour, consumer and mass tort litigation, and has obtained combined recoveries for plaintiffs of over a billion dollars. The firm is based in Sacramento, California. Contact: Stuart C. Talley (916) 448-9800.
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I just got my bank hit for over $700 this morning because of this.
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Directv is a fraudulent company looking to rip people off!
Finally got my service working, but the DVR never worked correctly. Finally after 6-months of techs at my house, they offer to exchange my HD-DVR. Not thinking, I agreed. During the install, I found that one of the techs had the cable running through my Monster Power conditioner. I undid that and the service seemed to work ok from then on. Side note, they replaced me NEW HD-DVR with a factory refurb.
Fast forward to a month later. I had another issue with the DVR not recording shows. It records an hour of black screen rather than the show and I know the show was on because I watched part of it and recorded it for my wife. So I call them again. After a good deal of hassle, I say, I have had enough of you guys. I want to know what it takes to cancel this crap service. The lady informs me that I would owe over $480. I ask why. She tells me that my 24 months restarted when I had my new HD-DVR installed. *The one that replaced the defective one.
So, they screwed up my order, screwed up my house, screwed up my install, double billed my credit card, and to fix one of their screw-ups, sent me a refurb DVR, just so they could extend my contract without my knowledge or approval.
This is the single worst company in the world! Had I known about their fraudulent business model, I would have never let them in my house!
Other side note. At the start of the contract, they offered me a $50 visa gift card if I would sign up for Auto-pay and paperless billing. A month later they sent me a letter saying I was not eligible for the card, but gave no reason why. I contacted customer service. He looked over the account and said I was in fact eligible and he would resubmit it. A month later, another letter saying I was not eligible! CROOKS!!!
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Direct TV imporper install
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24 hour cancellation policy is a lie
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DirecTV early termnation scam
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Directv - unprofessional fraudsters.
I watch the latest ad on TV for directv - showing a "rival" firms board meeting trying to figure out how to match directv's customer satisfaction statistics when one of them just laughs at the prospect. My guess is that the laughing man is a former customer of directv and he knows that the truth and finds their claim laughable! Or maybe he just knows that to match directv, all his company would need to do is lie, deceive, swindle, act fraudulently, cheat, fudge their satisfaction statistics and treat their customers who dare to challenge them with utter contempt. Take a leaf out of directvs ad campaign - refer a friend to anybody but directv.
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Your All F'n Deadbeats
Scott West
DirecTv
Albany, OR
1-541-926-4635 Field Office
1-360-885-9669 Regional Office
1-541-936-1908 Office
1-800-531-5000 Customer Service
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Re: Your All F'n Deadbeats
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Re: Your All F'n Deadbeats
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Re: Re: Your All F'n Deadbeats
Tip, I think you are just angry because you have to make collection calls all day because you have a looser job. If these people are so called dead beats, they won't care if you report $200 on their credit- so you may want to find some other way to get your jollies.
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Re: Your All F'n Deadbeats
YOU then installed the equipment, and AGAIN I called and AGAIN was now told I could not give you the information for another 30 days. Not believing this? I again called and again was told the same thing. Now you send me a first month's bill for the amount of $69.41,,I again call, and ask if there was a simple biling mistake, and then you tell me I can NOW send the info by email. I asked okay, I would like to pay my bill, will you deduct the credit due for overpayment, as this is NOT WHAT YOU AGREED TO,, you SAID NO,,, AND THAT in fact it would not take affect for another 30 days after this,, I then asked you mean to tell me you promised me in the agreement of $39.95 a month, and now you want be to pay for two months at $69.41 because you would not take the information??? YOU said yes,, I TOLD YOU WHERE TO STICK YOUR SERVICE AND PLEASE COME AND GET IT, THIS IS NOT THE WAY TO HONOR YOUR AGREEMENT, AND NO LONGER WANT TO DEAL WITH YOU IF YOU ARE THIS WAY. Fine you said,, three days later a salesman calls and asks 'WHAT CAN I DO TO KEEP YOUR SERVICE WITH US?" I said, easy,, just honor the agreement,, YOU SAID FINE,, I will refund you $50 dollars AND give you 3 months of movie channel for free,, I SAID THAT WAS FINE,, HOWEVER, I no longer trusted your comments, and to please send an email confirming your apology, and refund. YOU SAID FINE,, I never got any email or warning of one trying to me sent,, SO I AGAIN CALLED YOU,, and YOU TOLD ME YOU WOULD NOT RESEND THE EMAIL,, I SAID THIS IS RIDICULOUS,, SIMPLY RE SEND IT, AND I WILL BE HAPPY TO PAY WHAT I OWE,, YOU WOULD NOT EVEN LET ME TALK TO A SUPERVISOR, AND FLATLY REFUSED TO RESEND YOU AGREEMENT AND APOLOGY,,, I then for sure told you where to stick your antennea,, and now you wand to charge me $471 dollars for your not honouring your agreement in the first place,, I SUBMIT TO YOU, AND WOULD LOVE TO SEE YOU IN COURT, THAT YOU ARE IF FACT THE DEAD BEAT, ESPECIALLY WITH YOUR COMMENTS TO EVERYONE,, IN FACT INVITE YOU TO LUNCH???? I WOULD GLADLY BUY??????? I have recorded all the conversations, and in fact also, American Express is waiting for you to take me to court, until then you can threaten bad credit, and am pursueing legal means against you for false credit reporting,,, VERY SINCERELY,, VICTOR LA FOUNTAINE,, extemely dissapointed and aggitated with you...
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Re: Your All F'n Deadbeats
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Your All F'n Deadbeats
Scott West
DirecTv
Albany, OR
1-541-926-4635 Field Office
1-360-885-9669 Regional Office
1-541-936-1908 Office
1-800-531-5000 Customer Service
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Re: Your All F'n Deadbeats
Everyone else...if you get sent to collections by DTV, be sure you follow your states process of Fair Credit Collections to ensure they don't harass you and work with you legally (i.e. they have to follow collection process or they could be breaking the law).
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Re: Re: Your All F'n Deadbeats
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Re: Your All F'n Deadbeats
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Re: Your All F'n Deadbeats
please get and read the small claims case against directv that was won against directv.
in it the greedy co and its goons have paid for thier fraudulent actions ,sorry to say i did not get all of them.
or all that was requested. the case was in HOT SPRINGS AR. order it up!
more to be said at a later date........
stand by
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Re: Your All F'n Deadbeats
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Re: Your All F'n Deadbeats
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poor servive
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Watch your bills closely
After a huge installation mess I thought things would go better with the company.(I won't even get into details on that except to say that it took weeks to get right and hours upon hours of time on the phone....and dealing with a number of cust serv reps and contracted installers, none of which would give you the same answer as the prior or next one).
Anyway..back on my point. I was watching my bills closely because we had a number of "credits" that were to cover the first couple month's fees. All that seemed ok, but then suddenly, on my 6/18 statement, I see this fee for "DTV Protection Plan" which I never signed up for.
I call them on 7/11 ("Randy") and explain the issue and that I would like that service removed and fee refunded. He of course wastes my time with a sales pitch...and after way too long of a phone call and me jumping down his throat (frustration left over from initial set-up issues) he finally agrees that they did that erroneously. This was after he had me on hold looking for proof that I had signed up for it...which he couldn't find. So he guarantees I will have the credit on the next bill and that the policy would be canceled immediately.
Next bill comes. LOL. The fee to be credited was $5.59. Well they only credited me $1.00 of that charge....and to boot, they charged me a $6.00 fee for canceling the coverage/DTV protection package that I never signed up for to begin with!!!!
So, I call again ("Monique" this time). I explain the whole thing to her....of course she tries to sell me on the package again...just like Randy. AFter I finally get her to understand that I'm not interested in the package and am only interested in correcting my bill, she tries to tell me she can't do it because she has "exceeded her daily credit/refund limit". WTF? LOL sorry.
So after pressing for a supervisor, she suddenly can apply the credits afterall.
We'll see what happens next month.
So be sure to double and triple check your billings from them because I'm sure I'm not the only one they have done this to...or even other bogus fees they've charged to others.
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Re: Watch your bills closely
That was the first story, and NOW... We had a 'hard' rainstorm tuesday night (7/15). As always, when a storm comes, we lose our signal. It gets late, and time to hit the hay, and still no signal. Wed. morning I turn the TV on, no signal. We call dtv, and the soonest they could get a tech would be 7/21. We threaten to cancel, they offer $10/month off (6 months), waive the service call ($80), and their deepest apologies.
Well, msg on the answering machine on 7/20: "Just confirming your appointment tomorrow between 1 and 4". Well, got a call from DTV this morning, and for some reason that very same "donkey" that was supposed to fix it today CAN'T MAKE IT. The next date available: Tuesday, 7/29. This time the offer is one month free, $100 credit, and the same $10 discount. Nah, they've had their chance, I have run out of (my) programs on the DVR, and if I watch (or even hear) another episode of "Oswald" (the only thing left, for my child's sake), then I will officially go insane.
Needless to say, I'm PO'd (if you hadn't gathered that already), and while I'm not a Rockefeller, Bill Gates, Warren Buffet (et al), I make enough to let the cable company have their way with me... last time I remembered, the only time I lost my cable during a storm, it took a power plant going down to cut my electricity, and even then I got it back within five minutes...wasn't even the company's fault. We've GOT to get everyone we know to really understand what (fill in the blanks) they really are, and god bless the cable companies.
--Doughboy
P.S. Don't mess with the Dough, or I'll roll right over ya. Ya listenin, DTV?
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Re: Watch your bills closely
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DirecTV Crooks
I've called many times regarding this issue and they are adamant that there's some magical agreement that everyone should just know when dealing with these crooks. So now if I don't give them back the receiver that I paid a small fortune for.
Just so I wouldn't have to deal with it, I just kept the receiver but because of their horrible service, deactived my service but now, again, they claim I owe $474 if I don't return the receiver. At first they said I signed something agreeing to this policy, which I didn't, then they said "Someone at Best Buy should have told me about it", which they didn't, now the latest is the box has a sticker which says "Property of DirecTV" which it doesn't, then that the receipt stated that it was property of DirecTV, which it didn't, then lastly they said that it's just in their policy that was sent out to all customers.
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Billing procedures?
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Getting Back DTV
If everyone started going to the competition cable,dish whatever this shows growth on dish and DTV losing market share and investors start pulling out. Govt is not going to do anyhting. I tried to file that in Fl you have to have signiture to lease anything over 1 year as in most states.
I have not heard back from them and figure I wont.
As for Scott West I hope DTV goes under and I will work for collections free to hound that prick.
Class Action I am in for lease fees and Free upgrades turning into long term contracts because a rep said my equipment needed upgraded.
Tell the complaints to the investment boards and if you can short stocks this is a good to short probably only way to get my $500.00 cancelation fee back after they said they waived it and it went out my bank this morning. After telling them they were not autherized to do it.
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Calss Action Suit
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Re: Calss Action Suit
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DIRECTV
Please send your complaints to this firm as they are assembling a case vs. Directv.
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Re: DIRECTV
Yet Directv let go employees who did their job honestly with integrity, even got raises and promotions for being company assets, but they became dispensible when they did not resort to cheating sales numbers.
Myself and others need legal council, but cannot afford it. I am confident with research and interviews of current and former employees there is a legitimate lawsuit.
I would like someone to contact me to see if there is a case here or not?
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Early termination fees charged by Directv.
I had a problem receiving the signal in my motor home I called direct tv for repair. I was refused service they stated they do not repair equipment in a motor home. When I purchased the repair agreement I was told I would be covered should any problem arise with all the equipment including repair to the motor home equipment.
I felt I had nowhere to go but to cancel my service, which I did. I returned my equipment as instructed. I also withdrew authorization to charge my credit card.
Four days post, my credit card was billed $376.22. I disputed this amount and ultimately the amount was removed.
At this time my account has been turned over to a collection agency who sent me a letter to pay the amount or my debt would be reported to one or more credit-reporting agencies. In my mind this amounts to blackmail.
I would like to know if their is a Class action law suit on this issue, and if there is I would like to be a part of that law suit.
I await your responses.
Donald Marshall
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Class Action Against DTV
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Poor business practice
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DirecTV- early cancellation fees
Thanks,
Shelly
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Re: DirecTV- early cancellation fees
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Re: DirecTV- early cancellation fees
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Re: DirecTV- early cancellation fees
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30 Months of Fraudulent Billing
Wednesday, May 27, 2009 10:50 a.m.
Called and spoke to David (U2631) at DIRECTV he informed me Amanda would return my call within 2 hours.
Amanda (R9631) at DIRECTV called offered me 60 days credit I politely refused and again informed that I would be suing in small claims court and filing criminal charges for unauthorized use of a credit card. Amanda kept telling me that DIRECTV had spoken with me and I had not called DIRECTV to confirm the disconnect and that DIRECTV had billed me for approximately 30 months before I noticed. I stressed to Amanda that I had never been contacted by DIRECTV after my initial E-mail in July, 2006 and that I had never spoken to DIRECTV about this account until February 24, 2009 when I discovered the fraudulent billing.
DIRECTVs position appears to be that I did not catch DIRECTV soon enough so DIRECTV intends to keep most of the funds that DIRECTV fraudulently removed from my bank account and that I did not catch DIRECTV quickly enough. The approximately $100 credit DIRECTV offered does not equal the approximately $1600 dollars DIRECTV obtained fraudulently.
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DIRECTV 30 Months of Fraudulent Billing
Wednesday, May 27, 2009 10:50 a.m.
Called and spoke to David (U2631) at DIRECTV he informed me Amanda would return my call within 2 hours.
Amanda (R9631) at DIRECTV called offered me 60 days credit I politely refused and again informed DIRECTV that I would be suing in small claims court and filing criminal charges for unauthorized use of a credit card. Amanda kept telling me that DIRECTV had spoken with me and I had not called DIRECTV to confirm the disconnect and that DIRECTV had billed me for approximately 30 months before I noticed. I stressed to Amanda that I had never been contacted by DIRECTV after my initial E-mail in July, 2006 and that I had never spoken to DIRECTV about this account until February 24, 2009 when I discovered the fraudulent billing.
DIRECTVs position appears to be that I did not catch DIRECTV soon enough so DIRECTV intends to keep most of the funds that DIRECTV fraudulently removed from my bank account because I did not catch DIRECTVs fraud quickly enough. The approximately $100 credit DIRECTV offered does not equal the approximately $1600 dollars DIRECTV obtained fraudulently.
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DTV - extortion and unauthorized use of customer credit cards
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DirecTv scam
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Sign petition on my site about directv we're not spammers!
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Direct TV - Crooks
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directv
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lease fee disputes? read the agreement
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feedback
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Re: feedback
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Re: Re: feedback
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colections
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Complaint about direct tv extortion methods, to comell persons to not.
The initial requirement of necessity of the use of a credit card to activate is a trick, deception and underhanded hidden ploy.
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complaint
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Direct TV Ripoff Artists
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direct tv, ripoff, early cancellation fees
Dont ever even try they service very bad choice.
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FTC filed a complaint against Directv yesterday for advertising scam
You should contact FTC to provide more info.
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Unethical
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Re: Unethical
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rebate scam
and now they say that im not eligible for it as I didn't make the call of contact on the internet before the exp date
I never received a letter
and im entitled to the refund and I should get it
no matter what
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