FTC Hasn't Proved Consumer Confusion, DirecTV Says in Backing Summary Judgment Motion

The FTC failed to prove DirecTV customers don't see or understand the satellite company's disclosures of the terms of its premium channel offering because there's a lack of confused consumer testimony or any studies or research, DirecTV said in a reply filed Monday in federal court in support of its motion for partial summary judgment. The FTC sued DirecTV in 2015, alleging it wasn't properly communicating the early cancelation fees subscribers face if they sign up and then quit the service before two years (see 1503110042). A hearing on DirecTV's summary judgment motion is scheduled for Feb. 25 in U.S. District Court in San Francisco, with a trial in the case scheduled for Dec. 5. "There is no dispute that DirecTV repeatedly disclosed the material terms -- just the FTC's argument that disclosures made in hyperlinks or info-hovers do not pass [Restore Online Shoppers' Confidence Act] muster," DirecTV said. "Contrary to what the FTC may urge now, there is no rule that advertising disclosures cannot be made by info-hovers or hyperlinks, as long as consumers see and understand those disclosures. The FTC offers zero evidence here that consumers do not -- and it was the FTC's burden to do so." The FTC didn't comment Wednesday.