Arbitration

What is an arbitration?

An arbitration is essentially the same as a lawsuit in court but it is generally a little less formal. Witnesses are called to testify, evidence is introduced, and cross-examination is permitted. However, instead of a courtroom, arbitrations usually take place in large conference rooms, with the arbitrators sitting at the head of the table and the parties sitting on opposite sides of the table. Our particular case will be presented to a panel of three arbitrators instead of a judge and jury. The arbitrators are impartial persons selected by the dealers and DirecTV.

Is there a trial in an arbitration?

Yes, although it is called a “hearing.” The dealers and DirecTV will introduce evidence (through witnesses and documents) as mentioned above, and the attorneys will have an opportunity to conduct cross-examination. After the hearing, the arbitrators will issue a written decision.

How long does an arbitration take?

Because this arbitration was filed as a “class action” arbitration (described below) on behalf of all past and current DirecTV dealers, there are additional steps not typically included in a standard arbitration (for example, we will have to file an application seeking to have the arbitration proceed on behalf of the entire class of dealers, not just the four named in the Statement of Claim). This arbitration, therefore, will likely take at least two more years before reaching a final decision. Although that may seem a long time, it will probably be faster than if this case proceeded in court.

Class Action

What is a class action?

A class action is a lawsuit brought by one or more persons on behalf of a much larger group. Without class actions, every individual who suffered an injury would be required to bring his or her own separate lawsuit. A class action provides a way for everyone who has suffered the same injury to litigate their claims together. This procedure allows a large number of people with relatively small losses or injuries to litigate through one attorney or law firm rather than having to hire their own lawyer.

How do I join a class action?

In most instances, including this case, you do not have to do anything to join a class action. At some point during the litigation, you will be notified about the case and you will be given an opportunity to participate in, or exclude yourself from, the case.

What will be required of me?

If you have documents relating to your commissions or charge backs, those documents may be helpful to us and to you. It would be a good idea for you to begin assembling all of your DirecTV records now, so that they are available when we need them.

Do all potentially affected individuals have to join the class action lawsuit?

No. At the appropriate time during the litigation, all potential class members will be informed about the lawsuit and given the option to be excluded or included in the lawsuit. You are free to choose.

Compensation and Attorneys Fees

How much can I recover in a class action lawsuit? It is always difficult to assess the amount of damages an individual stands to recover.  Your recovery will usually be proportionate to your loss. Factors that play a role in how much an individual will receive are the strength of the case, the ability of defendant(s) to pay, the number of other class members who decide to participate in the case, and the availability of insurance coverage. How much will it cost to join the lawsuit? There is no financial risk to you. The law firms handling the case have agreed to advance all expenses. However, if the case is unsuccessful, you will not receive any compensation for your injury or loss. When will I get my money? At the successful conclusion of the case, each class member will be required to submit proof of their loss or injury. After your proof has been submitted and determined to be valid, you will receive your money or other form of compensation, if applicable. How do the attorneys get paid? Class actions are brought on a contingent fee basis, meaning that the attorneys only receive a fee if the case is concluded successfully. If this happens, the attorneys in this case will apply to the Arbitrators for an award of attorneys' fees and reimbursement of their expenses. The Arbitrators ultimately decide how much the lawyers will receive.