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Has Anyone Ever SUED DirecTV?

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Old 09-27-2007, 02:46 PM   #1  
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Default Has Anyone Ever SUED DirecTV?

Here is the story... (warning LONG)...

DirecTV Damage Claim Department – Account #XXXXXXXX
Attn: Yvette Martinez
P.O. Box 4227
Englewood, CO 80155-4227

27 August 2007

Dear Madam:

I am writing to tell you of a serious infraction committed by one of your service representatives for Premier Communications based out of XXXXXXXXXXX, MO. The synopsis is as follows:

• On Saturday, 4 September, 2007, I purchased a new 50” Plasma television along with a DirecTV HD-DVR from Best Buy in XXXXXXXXXXX, Missouri. They were to deliver both to my residence the following Saturday, 11 August.
• The Best Buy representative, at the time of the sale, told me I would have to call DirecTV to have them come out to install a 5-LNB High-Def satellite dish. When I returned home on the 4th of August after making the television and DVR purchase, I immediately called DirecTV to schedule an installer.
• The DirecTV installer was scheduled to arrive between the hours of 12:00 p.m. to 4:00 p.m. on Tuesday, 14 August, 2007. All was good up to this point.

• Tuesday, 14 August arrived. I stayed at work through the day awaiting the call from the DirecTV installer to tell me he/she was on their way to my home. The call never came between the previously scheduled hours of 12:00 p.m. – 4:00 p.m. At 4:30 p.m. that day, I finally received a call from the installer which went something like this:

MrTwix: “Hello, this is MrTwix”
DTV INSTALLER: “Hi, this is W.B. from DirecTV.” (cell # 417-XXX-XXXX)
MrTwix: “How are you?”
DTV INSTALLER: “Not good. It’s been a bad day. I am on my way to your house and I need directions”
MrTwix: “Which direction are you coming from?”
DTV INSTALLER: “Highway XXX about 2 miles out of XXXXXXXXX”
MrTwix: “You are very close to my workplace. Meet me at the restaurant by the stop light and you can follow me home. I will be driving a red Ford Thunderbird”
DTV INSTALLER: “OK. I will see you in five minutes”
MrTwix: “OK”

• I met the DirecTV installer at the restaurant and he followed me to my home approximately 1½ miles away. Upon our arrival at my home we both exited our vehicles and the following exchange took place:

MrTwix: “So, you are having a bad day?”
DTV INSTALLER: “Yes, and it just got worse”
MrTwix: “How’s that?”
DTV INSTALLER: “You’ve got all these trees here in the direct line of site for the dish I am installing”
MrTwix: “Is there any other location where you can install the dish?”
DTV INSTALLER: “Well, it has to point to five (5) separate satellites (and then he starts pointing in five (5) different directions within a 180° span from North-West to South-East). These trees are in the way of one of the major satellites” (The trees in question were to the North-West [and heavily wooded area] of the two current round dishes installed on the side of my home)
• At this point, I start looking around my property for an open area that might accommodate a dish pointing in five different directions. I make a few suggestions to the installer about potential locations all around my property.
• During this time, DTV INSTALLER is looking through his meter to determine the angle and location of a suitable installation point. He states to me, “The only real good place is directly in the center of your roof. I will put it there”
• I was not happy with this as I live in a very nice neighborhood and did not want my home “junked up” with a satellite dish and four (4) associated cables mounted directly in the center of my roof where everyone driving by could plainly see. This, not to mention that I am also the city manager of the city for which I live in. I, again, made suggestions as to other alternate locations to which the DTV INSTALLER replied, “We can’t mount on the eaves or on the brick. It is against company policy, not to mention that the dish is too heavy”
• At that point, I had no real options yet I had just spent thousands of dollars to purchase a new high-definition television and HD-DVR. I was getting that “sinking” feeling in my gut that I would have to forgo high-definition service on my new, and expensive, television.
• I inquired as to which trees I would have to remove to make the installation work if he were to mount the dish on a pole at the corner of my house directly below the two (2) current satellite dishes.
• The DTV INSTALLER, again, pulled out his meter and peered through it to make the determination. He said, “If you take these two trees out (see attached photos), I can do the install and it should work” (please note that the entire front half of my home is wide open to the southwest-south-southeast sky with no obstructions [see enclosed photos]. The trees in question were behind and to the left (approximately 20 and 30 feet, respectively) of the two current DirecTV satellite dishes installed on the eave of my home)
• As we had had a severe ice storm in southwest Missouri back in January, 2007, which caused significant damage across the region (to include destroying every tree in my entire front yard), I was hesitant to cut two more trees down since I had already lost so many in the front of my home. Nevertheless, I told the DirecTV installer that I would get my chain saw and cut the two trees down on the spot so he could start the install.
• The DTV INSTALLER stated that he could “not wait until I cut the trees down” and that he would go and I could call and reschedule the appointment for another day. In fact, he made this very same suggestion (call and reschedule) at least two other times since he had arrived on my property.
• I told the DTV INSTALLER that “by the time you get your equipment out of your truck, I will have these two trees cut down” and I then proceeded to get my chain saw.
• At that point, the DTV INSTALLER started to call someone on his cell phone. I later found out that he was calling his supervisor (at least this is what he told me).
• A friend of mine had arrived at this point and helped me cut both trees down. It took a total of two to three (2-3) minutes to fell both trees. Once down, my friend started to clear the branches from the closest tree to the house where the installer would be working. Even with the branches intact, the closest branch was approximately 10’ from the installers work area.
• As we were cutting the branches and clearing the area, the DTV INSTALLER yelled to me to come over where he was. I came over and he told me that he had his boss on the phone and that I would have to “clear away all tree debris” before he could start working. As these trees were significant in size, there was no way to clear them on the spot nor did I have the manpower to do so.
• The DTV INSTALLER wanted to have me talk to his boss (via his cell phone) to “verify” that the trees had to be removed before work commenced. At this point, I was very angry as it appeared that this installer did NOT want to do the job for which I had scheduled some 10 days previous. He had made excuse after excuse as to why I needed to “reschedule” my appointment in addition to not “having time” to wait for me to cut two trees down and not to mention that the trees now had to be “hauled away” before he could start working. I had complied with every directive and he rebuffed me at every step along the way.
• I eventually told him to “do whatever he needed to do (i.e. leave if he wanted to) and that I wasn’t going to talk to his “boss” to verify anything. I walked off and told my friend to stop cutting the branches and moving them out of the way as the installer wouldn’t be working that day.
• The DTV INSTALLER eventually came back over and told me that he could come back the following Thursday, 16 August at ANY time to install the system, He told me to “name the time” from 6:00 a.m. or later. I didn’t even realize that DirecTV came to install that early and I told him that 6:00 a.m. would be too early but that I’d have to take the morning off of work to be there to have him install the dish. I told him to arrive at 8:00am on Thursday the 16th and I would be there. He told his “boss” on his cell phone and, apparently, the appointment was again set. The DTV INSTALLER then left my premises.

Fast forward to Thursday morning, 16 August. The same DTV INSTALLER never showed up that day. However, after many calls to DirecTV and Premier Communications that morning and afternoon, a different installer, Ricky (last name unknown), finally arrived at 7:20 p.m. that evening. Yes, I had taken a WHOLE DAY off of work awaiting YOUR installer! No one had bothered to call me to tell me the new installer was to be delayed from the 8:00 a.m. start time until nearly 12 hours later. I had to make the calls myself to find out what was going on.

Long story short, the new installer, upon his arrival at my home, made a comment about the fresh tree stumps in the yard and asked if I had recently cut the trees down. I replied “yes,” and that the previous installer of two days before had told me I HAD to cut these two trees down to get a line of sight for the satellite dish. At that statement, the new installer had this immediate look of “Oh, No, he didn’t” on his face and stated that my new Hi-Def dish would be facing in mostly the same direction as my two existing satellite dishes currently mounted to my home.

When I heard this, I was angered even more than I had been previously considering the fiasco that had become my Hi-Def installation. I should stop and state for the record that the second installer was PHENOMENAL!!! He arrived at 7:20 p.m. and did not leave until the job was complete, and the 5-LNB Dish was activated…. At 1:15 a.m. the next morning. Yes, he worked into the next morning and was a perfect representative of Premier Communications and DirecTV. His technician number is XXXX and his name is Ricky. He was from XXXXXXXX, Missouri. He deserves a promotion and/or raise.

Lastly, as a DirecTV customer since June, 1994 (yes, the beginning), I had never been treated as I was by the first technician, W.B., who showed up on my property on 14 August. It was apparent to both me and my friend who was present that this man did NOT want to work. He was more concerned with having me reschedule the appointment than anything else. He made numerous excuses as to why he couldn’t perform the job until, I gave up and he left. Yet the worse part is that he told me I had to cut two trees down in order to have a line of sight to receive Hi-Def service. Your technician was in serious error. From landscaping officials I have talked to since this story started, this isn’t the first time DirecTV, or DISH Network, has had homeowner’s cut trees down unnecessarily.

I have enclosed many color photos of the two tree stumps now left from the removal of both trees. I have also enclosed photos of the location of the two (2) existing dishes and new Hi-Def dish in relation to the two trees. As you may note, the trees are BEHIND and to the left of the dishes. You may also note that the trees are nowhere close to where the technician would have been working. Considering all these facts, I am requesting the following happen:

• Full reimbursement and replanting cost for two (at least) 20-year-old pin oak trees (estimate attached) - $3,227.00
• Payment to landscaper for removal of two tree stumps (estimate attached) - $100.00
• Payment for three (3) men to cut and haul three (3) full pickup loads of (erroneously cut) tree debris off my property to waste disposal site - $150 ($50 each man/pickup load)
• $202.00 Payment for one (1) day taken off of work waiting on the second DirecTV installer who did not show up until 7:20pm on 16 August, 2007 (NOTE – first installer said he would be at my home at 8:00 a.m. that morning – No calls to tell me otherwise – The $202.00 is based upon a 40-hour week at my gross annual salary)

• The total payment I am requesting is $3,679.00. I will release DirecTV from all liability once I have received the fair market value, for the destruction of my property. It should be noted that 35’ trees are priceless and have significant intrinsic value that cannot be determined by a dollar figure. I am only asking for the closest replacement (in size) to the trees that were destroyed as you cannot purchase 35’ pin oak trees locally, or most anywhere, for that matter.

It is my hope that this claim is adjudicated quickly and without the need for legal intervention. The bottom line is that I now have two 35-foot pin oak trees that are no longer on my property due to the negligence and incompetence of one DirecTV installer. I had no want to cut any tree down much less cutting two large trees for no reason. Considering the location of the newly installed High-definition satellite dish, it would appear that I was given erroneous information by your first installer on the scene. I am not happy and this whole episode reflects very badly upon DirecTV and Premier Communications.

Should you need more information, please contact me using the information shown at the bottom of this letter. I look forward to hearing from you very soon.

Regards,

MrTwix
City Administrator
XXXXXXXX, Missouri 00000
----------------------------------------------------------------------

OK, so long story short, DirecTV denied my claim as W.B. (the installer that told me to cut the trees down) claimed to his bosses (after some type of investigation), that he DID NOT tell me to cut the trees down----A BOLD FACE LIE!

So, now I have filed a small claims suit against Premier Communications (DirecTV subcontractor in my area).. The max I could receive if I win is $3000 ($679 short of my original claim) but it is my only recourse. In fact, the DirecTV claims adjuster who gave me the bad news encouraged me to file suit in small claims court.

My questions to anyone out there who has actually stayed awake enough to read all this is:

--Have you ever sued DirecTV and, if so, did you win?
--What happened to you to make a lawsuit necessary?

I am just wondering what my chances might be...

MrTwix
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Old 09-27-2007, 02:57 PM   #2  
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I just read your post and can feel for you. I have no idea as to what will happen in court, but DirecTV is big and can stonewall anyone. Good luck.

My situation is a little different. When I had the HR20 and Slimline dish installed last February the installer showed me that the signal was just clearing the tops of some Douglas fir I have. He said the signal was strong now but trees have a nasty habit of growing and it was inevitable that I'd be taking some of them down in a couple of years. I know he wasn't jerking me around because I can stand behind the dish and see that it's aimed just above the tops of the trees.
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Old 09-27-2007, 03:06 PM   #3  
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That may be the case for you rserkes, but my HD dish is facing 180 degrees in the opposite direction of any trees on my property.

In fact, the closest tree that we were told to cut down is exactly 20' BEHIND the HD Dish. The second tree is 14' to the west of the first tree and 30' North-West of the new HD Dish..

Again, both trees are BEHIND the new HD Dish. There are NO trees within a 180 degree span (from Southeast to Southwest) of the dish. The new HD Dish is pointing somewhat Southwest as was the case with the previous two round dishes that are mounted to my eave..

Total incompetence...!

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Old 09-27-2007, 03:11 PM   #4  
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ouch man. Thats pretty bad...i had something happen, but not to that extent. When we originally moved to our brand new house, we had our d* relocated to there. The tech failed to run a grounding wire and actually blew our whole electric panel on the side of the house (house had been wired for high speed internet and cable/satellite. We had to pay our eletric company about $2800 to replace that pannel. When this was brought to the d* claims dept, at first they were hesitant, but about aweek later we were re-imbursed about a week later. I'm not sure if it has something to do with the trees being such a high $$$ amount. I personally would have never thought a tree could cost that much. Sadly, because of horrible customer service by a contractor, their image is now tainted. But in the end, they are a directv employee. I wish you luck my friend.
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Old 09-27-2007, 03:12 PM   #5  
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Quote:
Originally Posted by MrTwix View Post
That may be the case for you rserkes, but my HD dish is facing 180 degrees in the opposite direction of any trees on my property.

In fact, the closest tree that we were told to cut down is exactly 20' BEHIND the HD Dish. The second tree is 14' to the west of the first tree and 30' North-West of the new HD Dish..

Again, both trees are BEHIND the new HD Dish. There are NO trees within a 180 degree span (from Southeast to Southwest) of the dish. The new HD Dish is pointing somewhat Southwest as was the case with the previous two round dishes that are mounted to my eave..

Total incompetence...!

MrTwix
You're correct...that was total incompetence. It's a shame DirecTV isn't more careful about the subcontractors it hires. These are the people we have contact with and these are the people who can make or break DirecTV's reputation. When I had my system installed in 6/2004 the installation was perfect. When I upgraded in 2/2007 a different installer also did a perfect job.

You got an idiot, and a lazy one to boot.
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Old 09-27-2007, 03:14 PM   #6  
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First off, suing in small claims court is a waste of time. Even if they don't show up and you're automatically declared the winner, good luck actually collecting.

Secondly, you seem like an intelligent person. You admit that you realized the trees he asked you to cut down were completely opposite the direction that the dishes needed to be pointed (even I, as uninterested in the technical aspects as I am, know that the dishes have to point south-southwest), yet in your haste to get HD you went ahead and cut the trees down. So if I were you I'd accept part of the blame for this fiasco and move on. Maybe get cable.

This is about as unbiased a response as you're going to get.

Last edited by mystic7; 09-27-2007 at 03:18 PM..
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Old 09-27-2007, 03:17 PM   #7  
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That's really tha sad part about the whole story.. Had the second installer showed up on scene first, we wouldn't be talking about this today.. He would have installed the new dish where he did and I would still have two Oaks blowing in the wind..

Instead, they send an idiot! I also have a friend who I was telling this story to (who lives in the same town), and he asked me what type of vehicle this installer drove. When I told him, he asked what he looked like. When I told him that, he told me of an eerily similar story where the SAME INSTALLER came to his house and told him he would have to have his trees TOPPED in order to receive DTV HD service..

My friend hired a tree contractor to do the job (for which they hacked his trees as they didn't have the proper equipment) and then the SAME SECOND INSTALLER I had came to his house and did the job.. This same second installer, Ricky, (he knew him by name) told him that the dish would be pointing in the opposite direction from the trees he just spent money to top off...

He will be a witness for my case..

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Old 09-27-2007, 03:19 PM   #8  
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His suit is actually against the installers company, not directv. I think in small claims you'd have a very good case. Just from the information you've given, a judge is not going to believe you decided to up and cut down two trees while the installer was there. Also they will have to explain why they rescheduled? What is their excuse.. you've provided one, they will have to come up with something plausible.. I say go for it..

One thing I would add, try to get it in writing from an installer or two that those trees being removed had no bearing on the signal being hampered.

Make sure you tell us the out come..

Good luck!
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Old 09-27-2007, 03:21 PM   #9  
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I've heard nothing but bad things about Direc TV.
Pricing and terrible customer service. Direc Tv is not
top pickings as far as selection.
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Old 09-27-2007, 03:23 PM   #10  
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Quote:
Originally Posted by verde View Post
I've heard nothing but bad things about Direc TV.
Pricing and terrible customer service. Direc Tv is not
top pickings as far as selection.
I wouldn't go that far.. I've had the other two major players and directv might have issues but not as many compared to the other two major players..
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Old 09-27-2007, 03:28 PM   #11  
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Quote:
Originally Posted by verde View Post
I've heard nothing but bad things about Direc TV.
Pricing and terrible customer service. Direc Tv is not
top pickings as far as selection.
Thanks for your valuable input, verde.

Again, as I said before, you can win the most lopsided victory in the history of small claims court and never see a dime, unless you go on Judge Judy, in which case the show pays out the judgement. There are people all over South Florida who have hundreds of thousands of dollars in judgements against them who are still in business and have never paid out a dime. Seriously, don't waste your time, if anything sue for $20,000.00 in punitive damages (since you have a witness that can attest to the fact they have a history of doing this) and take it to a higher civil court.

I'm not a lawyer, and I don't even play one on tv, but after 18 miserable years living in S. Florida, I know the score.
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Old 09-27-2007, 03:34 PM   #12  
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Seriously, Why would directv or the installation company be "liable" for the trees that you cut down. Irregardless of wether they told you to cut them down or not you still decided to cut them down. If they told you that you should have jumped off the roof of your house because you could fly, would they still be liable because you do not understand the laws of physics. Come on people this is what is wrong today. I'm going to sue because I no longer have these two trees in my yard that someone told me I should cut down. Bottom line is that you were the one who cut them down, and any judge worthy serving should tell you the same.
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Old 09-27-2007, 03:37 PM   #13  
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While I do appreciate your response mystic7 I am also aware that collecting is my responsibility and probably a whole other problem.

Nevertheless, I think I have the proof behind me.

The reality is this: DirecTV advertises HD programming ("100 HD Channels by Year-End.. Sign Up NOW").. In NO advertisement do they mention "Oh yeah, by the way, if you have trees, forgeddaboutit!" At NO time does the Customer Service Rep say to the customer, "Do you have ANY trees in the North-West, South-West, or North-East, South-East part of your property for which a signal would be impossible to come by?"

No, they don't ask ANY of these questions up front. They are more interested in the sale than anything else.

The REALITY of this story is yes, I did cut the trees down. However, this was only done after many suggestions I made to the DTV INSTALLER as to alternate locations for the dish installation. He assured me that removing two trees on my property was the best way to assure that I would receive uninterrupted HD service. I even asked, "Isn't the new dish going to be pointing in the SAME direction as the existing dishes? to which he replied yes and NO... He told me (with witnesses present) that a very important satellite was located in the north-west sky (towards the back of my house) and that the HD channels could not be received without aligning to this satellite..

Another REALITY is that I am the customer! This doesn't mean that I am always right as I deal with these types all day long in my job as City Manager. It does mean that I have NOT been through the DTV installer training. It does mean that I DO NOT know where the HD satellites are located up in space. As a customer, I have to depend on the TRAINED and EDUCATED installer to perform these tasks and give me the right information as to where the optimal location for the HD install would be.

Yes, I had to make a decision whether or not cutting two trees down was worth it to receive HD programming. Considering all the money I was now out in obtaining a new Plasma TV and HD-DVR, it seemed to me to be a no brainer even at the cost of removing two trees. Yet, now we see that the dish is 20-30' away from the trees and pointing in the opposite direction of where Mr. DTV Installer said it would point.

Who now is responsible?

Contrast that with the idea of going to a lawyer for legal advice. If he represents the law and I am no lawyer myself, should I bear the responsibility of going to jail, or expending a lot of unnecessary money, because I followed his erroneous advice? No, it means that I go after him because I NOW have damages based on HIS advice/recommendations. We have seen case after case in this country where lawyers have been disbarred for fraudulent activities that have cost some innocent something.

This type of thing happens all day long in America across many life situations. It is unfortunate and I believe should be righted. As I have previously said here, had I got a different installer (like the second installer that did the job right), we would not be talking about this now. I would have HD service and two trees would still be standing in my yard.

I feel I bear ZERO responsibility here. I questioned the installer and gave alternate solutions---all rebuffed. At the end of the day, I chose to defer to HIS EXPERTISE and TRAINING. Considering I had never had a bad experience with ANY DirecTV installer in the 13 years prior to this incident, I thought this would also work out.

Unfortunately for me, it didn't and DirecTV chooses not to make it right...

Last edited by MrTwix; 09-27-2007 at 04:02 PM..
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Old 09-27-2007, 03:39 PM   #14  
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I could see the merit of suing the installation company if THEY cut down your trees. You made a decision to do it. I'm sorry, but I would have gotten a second opinion before doing anything as drastic as cutting down 2 trees. Yes, the 1st guy was a jerk/idiot or an assortment of many other derogatory names. But a lawsuit is not going to fly.


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Old 09-27-2007, 03:47 PM   #15  
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Well, first of all if you appreciate my advice you could at least spell my name correctly

Secondly, where do you live? Because you sound as far removed from today's reality as anyone I've ever known. This is 2007, not 1965. Today's reality is that most companies treat you like crap and get away with it, and they don't really care. Oh, they'll care when your 2 year contract is up, but right now they could care less.

I had this idiot, a lawyer no less, sue me for $3,000.00 for a contract "I" had him draw up for me, for which I never paid. Aside from the fact that this contract was actually a standard contract you could download off the internet, I had never met or spoken to this clown. I had no idea who he was. I was unfortunately the only person home when he sent out his subpoena's to everybody in our company.

Well, I never showed up and he won. Do you think to this day he has his 3 grand from me? It is to laugh...

Don't waste your time or money. That's my final word on this. Take it for what it's worth.
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