In Re DirecTV Early Cancellation Litigation

ORDER GRANTING IN PART AND DENYING IN PART DIRECTV’S MOTION TO COMPEL ARBITRATION WITH CERTAIN PLAINTIFFS AND DISMISS PLAINTIFFS’ CLAIMS

In this Multidistrict Litigation (“MDL”) case concerning early cancellation fees, Defendant DirecTV filed a Motion to Dismiss Claims in Plaintiffs’ Second Amended Consolidated Class Action Complaint and to Compel Arbitration with the Arizona, Florida, Illinois, Louisiana, New York, Pennsylvania, South Carolina, and Virginia Plaintiffs (“Motion”). After considering all papers and arguments submitted, the Motion is GRANTED in part and DENIED in part.

To resolve the Motion to Compel and the Motion to Dismiss, this case requires a review of the consumer protection laws of eight states.

BACKGROUND

The following facts are taken from Plaintiffs’ Second Amended Consolidated Class Action Complaint (“SAC”) and the Court accepts them to be true, as it must for motions to dismiss under Federal Rule of Procedure 12(b)(6).

DirecTV provides satellite television programming throughout the United States. (SAC ¶¶ 10, 37.) To allow its customers to access that service, DirecTV provides receivers and other equipment. (SAC ¶ 10.) DirecTV is incorporated and has…