Frequently Asked Questions
- Are you Affected?
- What is this Case About?
- What does the Settlement provide?
- Do I have a lawyer in the Class Action?
- When will the Court decide whether to approve the Settlement?
- What else will be decided at the Fairness Hearing?
- What are my legal rights?
- How can I get more information?
- Are you Affected?
Your rights may be affected if you fall within the following Class:
All persons or entities ("Landlords") that own and rent or lease residential multi-dwelling unit properties ("MDUs") in the State of California upon or in common or in restricted areas of which Defendant DIRECTV, LLC, or its agents have permanently installed DIRECTV Equipment.
Top - What is this Case About?
The lawsuit alleges that Defendant DIRECTV, LLC (“DIRECTV”) has a policy of installing satellite dishes and other equipment on or in common or restricted areas of California residential rental MDU properties, such as rooftops and exterior walls, based solely on a tenant’s representation that such installation is authorized, or that authorization from the property owner is unnecessary, and does not seek or obtain such authorization directly from the property owner or his, her or its agent (“the Landlord”). The lawsuit claims that this policy is an unfair business practice that violates the Unfair Competition Law, Business & Professions Code §§ 17200 et seq. (the “UCL”).
Top - What does the Settlement provide?
The settlement changes DIRECTV’s policy. It requires DIRECTV to secure permission directly from the Landlord before installing its equipment in common or restricted areas of California residential rental MDU properties; to keep records showing its receipt of such permission; and to make those records available, upon reasonable request, to persons who assert that they are the owners or managers of affected property. The settlement is for an injunction only. The court earlier ruled that claims for monetary damages could not proceed in this case on behalf of the class. Class members will keep their right to pursue claims against DIRECTV for damages.
Plaintiffs will request the Court to award their counsel fees and expenses in an amount not exceeding $2,900,000.00, and incentive awards to each Plaintiff in the amount of $5,000.00; and DIRECTV agrees not to oppose an application for awards in such amounts.
Top - Do I have a lawyer in the Class Action?
The Court has appointed Alan Plutzik, of Bramson, Plutzik, Mahler & Birkhaeuser, LLP, Walnut Creek, California, and Mark Kindall of Izard, Kindall & Raabe, LLP, West Hartford, Connecticut, as Class Counsel to represent the Class.
Top - When will the Court decide whether to approve the Settlement?
The Court will determine whether to approve the settlement at a fairness hearing (the “Fairness Hearing”), to be held on October 22, 2019, at 10:00 a.m. in the Courtroom of the Hon. Kenneth Freeman, Los Angeles County (California) Superior Court, 312 N. Spring Street, Los Angeles, CA 90012.
Top - What else will be decided at the Fairness Hearing?
At the Fairness Hearing, the Court will also determine the Plaintiffs’ request for incentive awards in the amount of $5,000.00 each, and Plaintiffs’ request for an award of attorneys’ fees and expenses in the amount of not more than $2,900,000.00, to be paid by DIRECTV (and not by any Class members).
Top - What are my legal rights?
You have three options:
DO NOTHING: REMAIN IN THE CLASS. ACCEPT THE SETTLEMENT. If you are a class member and you do not take action to exclude yourself from the class, you will be a class member, will be bound by the terms of the settlement, and will not be able to bring, or continue, a separate lawsuit against DIRECTV for an injunction based on the same legal claims that are the subject of this lawsuit. You will, however, retain the right to sue DIRECTV for damages caused by the installation of its equipment on your property.
ASK TO BE EXCLUDED: NOT BE PART OF ANY JUDGMENT OR SETTLEMENT. KEEP YOUR RIGHT TO SUE SEPARATELY FOR AN INJUNCTION. If you wish to be excluded, you must send a letter, postmarked by September 30, 2019, addressed to LBM Properties, et al., v. DIRECTV, P.O. Box 404041, Louisville, KY 40233-4041, stating that you want to be excluded from the Class. Be sure to include your name, contact information, and address of your rental property, and remember to sign and date the letter. DIRECTV will be changing its policy for all California residential rental MDU property owners, so by excluding yourself you will not necessarily lose all of the benefits of the settlement. But if you exclude yourself, you will be able to sue on your own behalf for an additional injunction based on the same claim.
OBJECT TO THE SETTLEMENT, THE INCENTIVE AWARDS AND/OR CLASS COUNSEL’S APPLICATION FOR AN AWARD OF ATTORNEYS’ FEES AND EXPENSES, either by yourself or through an attorney that you hire at your own expense, if you do not exclude yourself from the Class. Objections may be submitted in writing and mailed to LBM Properties, et al., v. DIRECTV, P.O. Box 404041, Louisville, KY 40233-4041, postmarked on or before September 30, 2019, setting forth your written statement of the specific objections, the grounds for your objections, and documentary evidence identifying yourself as a Class Member. The Court will also hear any Class Member who appears at the Fairness Hearing and requests to have his or her objection heard by the Court, regardless of whether that Class Member has objected in writing.
Top - How can I get more information?
You may contact the Class Action Administrator using the Contact Us tab or you may also contact one of the Class Counsel listed above.
Please do not contact the Court or DIRECTV regarding the Notice or the lawsuit itself.
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