Court Denies DirecTV Motions for Summary Judgment in ROSCA Fight

U.S. District Judge Haywood Gilliam of San Francisco rejected DirecTV's motions for partial summary judgment in two actions brought by the FTC. In an order (in Pacer) Friday, Gilliam said DirecTV's evidence of screenshots of its website doesn't establish the absence of a genuine dispute over allegations it violated the Restore Online Shoppers Confidence Act on forms of internet marketing. He said the FTC doesn't have an obligation in its opposition to summary judgment to present evidence in opposition: "While the contents of the website do not appear to be disputed, the inferences to be drawn from those contents are vigorously disputed." The judge also said the court can't conclude that DirecTV's disclosures about premium channel promotion were adequate and sufficiently conspicuous and clear -- which the FTC is challenging in its lawsuit against DirecTV (see 1503110042). The FTC separately is seeking partial summary judgment on some of its claims (see 1609230003). Gilliam also approved an FTC motion for sealing of some exhibits containing sensitive business information. AT&T, which now owns DirecTV, on Monday said it "ensure[s] that all of our customers receive full information, multiple times, to allow them to make informed decisions about DirecTV services" and that it "will continue to vigorously defend against these allegations."