For Over a Year, DirecTV Fraudently Billed Customer Who Canceled Service: Suit

DirecTV violated the Fair Debt Collection Act when it sent past due notices to a customer who had canceled service on one of his DirecTV accounts, alleged a complaint Thursday (docket 1:23-cv-00354) in U.S. District Court for Southern Mississippi in Gulfport.

Plaintiff Jim Davis of Harrison County, Mississippi, has been a DirecTV customer since 1998 when he and his wife, Maria, lived in Gulfport. When they moved to Bay St. Louis, Mississippi, he transferred his DirecTV service with account number 490326 after selling the couple's Windance Drive house in Gulfport, said the complaint. In early 2022, the Davises sold their Bay St. Louis house and “immediately contacted DirecTV to close the account,” it said. The satellite TV provider sent the boxes for return of the equipment and directed the Davises to drop off the boxes to UPS for shipping, it said.

The plaintiffs included in the box a cover letter dated Jan. 31, 2022, instructing DirecTV to close out account 490326, which was associated with the equipment in the box. In the letter, Davis also instructed DirecTV not to cancel another account of the couple’s associated with a property they owned on Northridge Drive in Gulfport. That account, number 255385687, had been in their name for years and was separate from the 490326 account, which had originated at the Windance Drive property, it said.

Davis backed up the letter with “extremely long involved phone calls to DirecTV,” said the complaint. The calls “most of the time were 40 minutes or longer,” and were recorded, said the complaint. After DirecTV received the Jan. 31 letter, it canceled the service on the Northridge Drive (255385687) account rather than the Windance Drive (490326) account, the complaint said.

The Davises called DirecTV to point out the error and to request that it turn service back on at the Northridge Drive address. They again asked the provider to close account 490326. A representative told Jim Davis that if he sent $275.82 to DirecTV, the proper account would be closed. He sent that amount in March, assuming that would close the account and resolve the problem. But then the couple received bills for both accounts in March, one from DirecTV and another from AT&T, at different times of the month. Jim Davis, "a very busy attorney" who "tries to keep all bills paid up to date in a timely manner," thought two DirecTV bills were "for only one service" at the Northridge Drive location, said the complaint.

The “fraudulent bill collection,” which continued from March 2022 through October 2023, violates the Fair Debt Collection Act, said the complaint. After “numerous phone calls,” the plaintiffs “had to mail a letter begging they be refunded the money paid incorrectly to DIRECTV, and that was sent to DIRECTV on Oct.1, 2023 and received on October 7, 2023,” by the provider. DirecTV’s response to Davis’ Oct. 1 letter “was another bill dated 10/19/2023 claiming that it was past due,” it said.

In addition to violation of the Fair Debt Collection Act, the plaintiffs claim fraud, negligent and innocent misrepresentation, and unjust enrichment. They seek $3,209.53 “for the actual funds that the defendant extorted acquired or obtained” from them and punitive damages for sending “illegal bills not owed,” the complaint said. DirecTV “should have clearly known that the bill was not owed, but kept sending it out to the Plaintiffs, month after month,” said the complaint. “This is the type of egregious misconduct that warrants punitive damages” under common law and under Mississippi Code Title 11, it said. DirecTV didn't comment.