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WHAT DO I DO ABOUT
DIRECTV?
I received a letter from Directv.
What does this mean?
Directv is sending letters generally
to each person who appears on a list of purchases of what
they call "pirate access devices", on the presumption that
these devices are being used to intercept signals. It
appears that not all of the recipients of the letters have
been sued, although my experience is that all of the
clients with whom I have come in contact have in fact been
sued after receiving two of these letters.
What should I do about this?
Generally you have the option of
settling your case for the sum of $3,500, after receipt of
these letters. Once lawsuits have been initiated, it
appears that Directv will not accept less than $4,500 in
settlement. You have 20 days after service of a complaint
against you before the entry of default against you
becomes possible.
Should I settle now?
If you intend to get out of this
situation as quickly as possible, and do not intend to
defend against it, you should indeed settle upon receipt
of the letters; once a lawsuit has been initiated, you
will be charged considerable amounts of fees by any
attorney, and the lawsuit is likely to go on for some
time, although it may not get all the way to trial. On the
other hand, if you do not believe you are liable to
Directv, you must defend the action to avoid the entry of
a judgment.
Do I need an attorney?
This is your decision. If you settle
your case before the filing of suit, Directv will send you
a release, which is a good deal more complicated than the
typical release, and does not release some actions, past
and future. Once lawsuits have been initiated you would be
most wise to retain an attorney. We practice in the
Western and Middle Districts of North Carolina.
What are the fees?
Our retainer in these actions, once
lawsuits have been started, is the sum of $1,500. This is
an advance retainer against an hourly billing of $150.00
per hour. If the case is protracted, the retainer is
likely to be exceeded and we will then bill as we perform
services.
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