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Bait and Switch



St. Clair County, IL: (Apr-03-08) A class action lawsuit was brought against DirecTV, alleging that several people in the United States entered into a programming commitment with DirecTV, and did not receive a portable DVD player as promised in a DirectTV advertising promotion. The suit, filed on May 9, 2007, represented plaintiffs who after eight weeks of submitting a valid redemption form, had not received the player. Belleville attorney Christopher T. Kolker allegedly signed a two-year contract for DirecTV digital television service in 2006 and stated that he was expecting to find a free portable DVD player in the mail in six-to-eight weeks. Instead, he said he was sent a traditional, full-sized, stationary DVD player with no viewing screen. The suit stated that DirecTV advertised the incentive as having a value of up to $169 in some instances. The product Kolker and other customers received are available online for $29.99.

He then filed the class action, accusing the company of breaching the contract. As part of a settlement reached, DirecTV denied any liability to the class or any wrongdoing, but stated that it will settle, as the case involves complex and disputed legal and factual issues, which could result in risky and costly litigation. Under the terms of the settlement agreement, each eligible class member who submits a valid claim will be provided one portable DVD player that is of a current generation, and that has an approximate retail value of $129. The player will come with no fewer features than the most sophisticated portable DVD player previously advertised by DirecTV. The settlement also stipulated that the legal counsel for the plaintiffs will be paid fees that are not to exceed $200,000. [THE ST. CLAIRE RECORD: DIRECTV CLASS ACTION GETS PRELIMINARY APPROVAL BY ASSOCIATE JUDGE]


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