Alleged DirecTV Fraudsters Seek to Quash Subpoena for Their Bank Records

The defendants alleged by DirecTV to have operated a fraud scheme using DirecTV telemarketing impersonators (see 2211010049) want U.S. District Judge Jeremy Kernodle for Eastern Texas in Tyler to enter an order quashing DirecTV’s subpoena for their bank records from Bank of America, said their motion Wednesday (docket 6:22-cv-00423). Bank records from any of the defendants won’t “shed light on any of the claims, defenses, facts, or other issues raised in this case,” said the motion. But the request for “all documents,” regardless of whether they concern anything to do with this case “is clearly overbroad and runs afoul” of Rule 26’s “proportionality requirement” in the Federal Rules of Civil Procedure, it said. Bank of America told the defendants to file an emergency motion to quash or modify the subpoena, and the bank “will await the outcome before producing records,” said the motion. The defendants ask that the subpoena be quashed or modified so the bank statements can be reviewed and redacted “to the extent they contain information that is irrelevant to the case,” it said.