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California Civil Procedure, Keyed to Levine, 6th Ed.
Blanchard v. DIRECTV, Inc.
Citation:
123 Cal. App. 4th 903, 20 Cal. Rptr. 3d 385 (2004)Facts
DIRECTV provides satellite television programming by subscription and pay-per-view to millions of households nationwide, using encryption to prevent unauthorized reception. To combat piracy, DIRECTV obtained writs of seizure authorizing the United States Marshal to seize products and business records from manufacturers and distributors of signal-decryption devices. During these seizures, DIRECTV obtained customer lists identifying individuals who purchased the devices. DIRECTV then sent demand letters to thousands of these customers, explaining that use of illegal signal-theft equipment violated federal law and seeking cooperation to stop pirating. The letters offered recipients an opportunity to settle before litigation commenced. DIRECTV subsequently filed federal lawsuits against more than 600 purchasers of the pirating devices. Plaintiffs, who received these demand letters, filed a class action complaint alleging that the letters constituted unfair business practices, violated their civil rights, and amounted to extortion.
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