Mr. Zakarian's thoughts on the Class Action

[BUKSING]

Anyone know what's mr.z's thoughts on the class action thing?

[rommel92]

I actually had a very lengthy conversation with him recently regarding the class action. His thoughts were not as optimistic as I wanted them to be. He did believe that the suit would be designated class action. His thought was that it would be an opt in class action suit. Meaning, Mr Wilens, or more likely DTV would have to contact everyone that has settled and notify them of the class action suit. At that point you would have to opt into the suit. It was less likely to be an opt out suit because it could potentially change agreements that have already taken place.

As far as the actual suit goes, he was not sure what the outcome would be. He did say that parts of the suit only challenge the tactics used by DTV. In his opinion all a successful suit would do is stop DTV from sending letters but not stopping them from filing suit. DTV never had to send letters out, they could have just sued everyone. Now suppose the suit wins big and dtv is ordered to return all settlements. At this point the settlement agreement were ruled no good because of how they were derived. You get your money back, but they can still sue you. This was the whole point of most settlements, to avoid being sued. If the suit does not win, then you are open to a suit because of breach of settlement. Remember the suit is mostly about the tactics DTV used to get people to settle. DTV will always have the right to sue you


He sounded very reasonable in his assessment of the suit. He also said that DTV is going to defend themselves very aggressively. They will spend many many more man hours and much more money than Mr Wilens could ever do. That does not mean Mr Wilens does not have a chance, just that it is a uphill battle. He spoke very highly of Mr. Wilens. I figure at some point everyone who settled will have to make a decision. DTV will also have to make a decision on how far they want to pursue everyone.

Our conversation then progressed onto the precedent that DTV is setting. I am sure that many other corporations are keeping a close eye on this whole saga. Who is next in line to sue, Microsoft, the music industry. Everyone has pirated software and music on their computer. It would be a much easier case to prove than a case based on an online transaction.

[REDx]

the problem with sueing is those
being sued would need to get lawyers
to answer the suits.now most people
just call the number when they recieve
the letter. it costs a lot more to sue
than send letters.

[BUKSING]

nice answers...thanks guys.

[CARTERJ]

He tells it like it is...no sugar coating..

I certainly appreciated that during my stressed out letter receiving time.

[rommel92]

CarterJ I did not mean to sound negative. I was trying to relay some information that I received which I thought others would find helpful. In my mind the more information you have the better off you will be in any circumstance. It does suck if you get information that is opposite from what you want. Do not forget that this is only one man's opinion, and it should be counted as only that.

It is a good time to speculate all the things that might happen. This will prepare evryone. If we can start preparing now for what might happen, then we will be at a better advantage.

[CARTERJ]

Hey.. You interpreted my post the wrong way...I was V E R Y serious and it was a total compliment to Mr. Z.

He spoke the straight arrow truth of the present situation at that time and I will be forever indebted to him for doing so. Really. His knowledge is deep and he knows when to hold em and when to fold em. The more time passes after my personal ordeal, the happier I am I listened carefully to his thoughtful advice. Subsequent posts have confirmed his predictions. 100%

Reread my post and can see how it could be taken in a negative tone but to clarify...don't. Big Al is #1 in my book. :cool:

[thepoet]

Originally posted by REDx
"the problem with sueing is those
being sued would need to get lawyers
to answer the suits.now most people
just call the number when they recieve
the letter. it costs a lot more to sue
than send letters."

The problem with maintaining a battery of lawyers on full salary, not counting the ones on retainer, both of which G.M. does perennially, is feeling you're not getting your money's worth unless you use 'em. In short, DirecTV will sue without hesitation, because G.M.'s already paying lawyers whether they're being used or not. But they felt they'd get their point across more forcefully at the grassroots level with demand letters to suspected signal pirates. A few lawsuits mentioned in passing on the nightly news don't have nearly the same effect.