AT&T to Face Revived Class Action Lawsuit Over DirecTV Now Streaming Charges
According to a recent ruling by a panel of Ninth Circuit judges, AT&T will face revived class action allegations that it charged its customers for the DirecTV Now streaming service without their consent.
Class Action Lawsuit Arbitration Debate
The panel rejected the lower court’s assertion that the AT&T DirecTV Now Class Action Lawsuit’s arbitration was invalid under California law.
David Cotrell, the lead plaintiff, alleges that AT&T violated various California laws — such as the California Unfair Competition Law — by billing customers for the DirecTV Now streaming service even without their knowledge or consent.
Cotrell is requesting that AT&T notify and stop charging users for its streaming service who were not aware of or consented to it, as well as account for all of the money the company collected as a result of this practice.
According to the Ninth Circuit, because the relief would be limited to AT&T users, it would not be considered as the public and is thus allowed.
The lower court relied on legal precedent in concluding that AT&T’s arbitration agreement with its consumers barred them from seeking public injunctive relief.
The Ninth Circuit Conclusion
The Ninth Circuit noted a similar case — Brandon Hodges v. Comcast Cable Communications — but concluded that seeking relief was possible as long as it was limited to AT&T customers and not to the entire public.
According to the panel, the district court decided that Cotrell wanted public injunctive relief and hence declined to compel arbitration. Thus, whatever results from the panel would reach if they were to examine California law independently, it is foreclosed by their intervening decision in Hodges.
Hodges had requested that Comcast be prohibited from using customers’ viewing preferences to generate targeted advertisements, and the Ninth Circuit held that because the relief would solely affect Comcast subscribers, it did not violate a California law prohibiting such relief.
Editor’s Note on AT&T DirecTV Now Class Action Lawsuit:
This article is written to inform you of the revival of AT&T DirecTV Now class action lawsuit based on the Ninth Circuit’s ruling. Similarly, we also suggest you read the Hulu & Netflix New Jersey Streaming Lawsuit.
Case Name & No.: David Cottrell. v. AT&T Inc., et al., Case No. 3:19-cv-07672
Jurisdiction: U.S. District Court for the Northern District of California
Allegations: AT&T allegedly charged its customers for the DirecTV Now streaming service without their consent
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