This class action Settlement resolves a lawsuit against DIRECTV, Inc. Plaintiffs in this lawsuit (“Action”), individually and on behalf of the Settlement Class, have entered into a Settlement with DIRECTV, Inc. The Action was filed on March 31, 2003 and alleges that Plaintiffs were promised rebates from Prime TV, LLC, and did not receive those rebates, and that DIRECTV is in possession of funds owed to Prime TV, LLC which should be paid to the Settlement Class.
Defendant denies all liability or wrongdoing with respect to any and all of the claims alleged in the Action, but considers it desirable that this matter be settled because such settlement will avoid the risk, expense, inconvenience, and distraction of continued litigation. After arm’s-length negotiations, a Settlement has been reached and approved by the Court.
You may be a Class Member and could receive a benefit if you are a person in the United States of America who is a current or former customer of DIRECTV and who, from and including January 1, 1999 through April 29, 2004, purchased DIRECTV satellite television equipment from Prime TV, LLC, applied to Prime TV, LLC for a rebate and were qualified for the rebate but were denied or failed to receive the rebate. Excluded from the Settlement Class are directors, officers, employees, and agents of DIRECTV and its affiliates, and governmental entities.
The Settlement was approved and if you are a Class Member, you may be eligible to receive the following benefits:
A. Current DIRECTV customers:
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Option 1: Class Members who are current DIRECTV customers and who already receive the equivalent of the DIRECTV Choice programming package or a more expensive programming package may elect to receive a voucher for a credit on his or her monthly DIRECTV billing statement in the amount of $99.98. |
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Option 2: Class Members who are current DIRECTV customers may elect to receive a Voucher for two free months of DIRECTV Choice programming. |
B. Former DIRECTV customers:
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Option 1: Class Members who are former DIRECTV customers may elect to receive a Voucher for: (1) a standard one room DIRECTV-compatible satellite system, which includes a satellite dish, receiver, and remote control, used to receive DIRECTV programming service ("equipment"); (2) free standard installation of the equipment by an authorized DIRECTV agent or representative; and (3) two free months of DIRECTV Choice programming. The person redeeming the Voucher will have no contractual obligation to maintain their DIRECTV programming service for any additional term beyond this period. |
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Option 2: Class Members who are former DIRECTV customers and who wish to contract with DIRECTV for programming services for at least twelve months may elect to receive a Voucher for: (1) a standard one room DIRECTV-compatible satellite system, which includes a satellite dish, receiver, and remote control, used to receive DIRECTV programming service ("equipment"); and (2) free installation of the equipment by an authorized DIRECTV agent or representative; and (3) two free months of DIRECTV Choice programming. In addition, the subscriber will be entitled to the best national programming promotion offered by DIRECTV at that time in addition to the two free months of Choice programming or a credit of equal value to be applied to the subscribers' bill. For instance, if the best national promotion offered by DIRECTV at that time includes free services and/or equipment, then the subscriber would be entitled to those free services and/or equipment in addition to the Voucher offer of equipment, installation and two free months of Choice programming or a credit of $99.98 on the subscribers DIRECTV bill set forth in this Option 2. |
C. Return of DIRECTV receiver device:
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Within 60 days from the end of either the usage period described in Former DIRECTV Customer Option 1, above, or the usage period described in Former DIRECTV Customer Option 2, above, DIRECTV, may, at its sole cost, make arrangements for return of the receiver equipment received by the Class Member pursuant to Option 1 or Option 2, above, by providing the Class Member with a postage pre-paid shipping container with detailed instructions for return of said equipment. If DIRECTV fails to provide the Class Member with a postage pre-paid shipping container within said time period, said equipment shall become the sole property of the Class Member. If the Class Member fails to return the receiver and remote control within 60 days from receipt of the shipping container, the Class Member will be charged a fee of $55.00 for each standard receiver not returned. To the extent the Class Member has received any advanced equipment from DIRECTV as part of this Settlement or the best national programming promotion available at the time the Class Member activated their account, which is not returned to DIRECTV as provided for herein, the Class Member will be charged the same fee DIRECTV charges other subscribers who fail to return this advanced equipment as provided herein. |
D. Return of satellite dish and mounting apparatus:
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The Settlement Agreement does not create an obligation in or for DIRECTV to remove the satellite dish and mounting apparatus provided to the Class Member under Former DIRECTV Customer Option 1 or Former DIRECTV Customer Option 2. The satellite dish and mounting apparatus shall become the property of the Class Member or the owner of the property on which the satellite dish and mounting apparatus was installed, in accordance with their ownership interest and applicable law. |
To make a claim for any benefit, you must complete and mail a Claim Form to the Claims Administrator, postmarked no later than January 26, 2009. The Claim Form should be mailed to:
Alibegovic, et al. v. DIRECTV, Inc., et al.
c/o The Garden City Group, Inc.
P.O. Box 9182
Dublin, Ohio 43017-4182
Claim Forms were attached to the Class Notice. However, you may also download a Claim Form here.
You must complete and mail a Claim Form to the Claims Administrator postmarked no later than January 26, 2009.
The deadline to request exclusion from the Settlement Class was November 9, 2007.
Please Note: If you are a current DIRECTV subscriber and you received notice of this Settlement after December 19, 2007, your deadline to object to or opt out of the Settlement was February 1, 2008.
The deadline to object to the Settlement was November 12, 2007.
Please Note: If you are a current DIRECTV subscriber and you received notice of this Settlement after December 19, 2007, your deadline to object to or opt out of the Settlement was February 1, 2008.
On February 27, 2008, the Honorable John F. Garvey at the Circuit Court of the City of St. Louis, Missouri, Division 3, 10 N. Tucker, St. Louis, MO 63101, approved the Settlement and Class Counsel's request for attorneys' fees and costs. However, there may be appeals.
Settlement benefits will be distributed after the Effective Date of the Settlement has elapsed.
The “Effective Date” means the first date after which all of the following events have occurred: (1) the Court has entered the Judgment and Order of Dismissal; (2) the Judgment has become final, i.e. the time to appeal has expired, or if appealed, the Judgment has been affirmed. Information on this website about the Effective Date will be updated when updates are available.
At the Final Fairness Hearing, Class Counsel received an award from the Court for attorneys' fees, costs, and expenses in the total amount of $145,000, which is to be paid by the Defendant over and above any relief to the Class. In addition, the Court awarded the two Class Representatives the amount of $1,000 each for their time, effort and obligations as Class Representatives. Defendant has agreed not to object to these applications up to said amounts and to pay any award by the Court up to these amounts.
You may contact the Claims Administrator at:
Alibegovic, et al. v. DIRECTV, Inc., et al.
c/o The Garden City Group, Inc.
P.O. Box 9182
Dublin, Ohio 43017-4182
Toll Fee: 1 (888) 269-1605
For a more detailed statement of the claims in this Action and the Settlement, the Order for Preliminary Approval of Class Action Settlement, the Claim Form and the Settlement Agreement are posted here.
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