DirecTV Calls FTC Push for Discovery Sanctions 'Transparently Tactical'

The FTC's push for sanctions against DirecTV under Rule 37 of the Federal Rules of Civil Procedure as part of a fight over discovery in the agency's Restore Online Shoppers' Confidence Act suit against the company (see 1610280027) "is transparently tactical -- designed improperly to exclude critical proof in the case ... and not to cure any alleged prejudice to the FTC," the satellite operator said in an opposition (in Pacer) Wednesday in U.S. District Court in San Francisco. The FTC long has known DirecTV can't preserve any one iteration of its website, let alone the tens of thousands of iterations over time, and previously agreed discovery could be met by screenshots, the historical site source code and collateral advertising assets, DirecTV said, adding it produced all those documents. Instead, the company said, the FTC motion is trying to exclude a consumer survey of thousands of DirecTV customers that undermines the case, and that motion isn't the appropriate vehicle for challenging the survey's reliability. The company said it also offered to give the FTC access to all web analytics data it had about customer usage of and behavior on DirecTV.com, but the agency did nothing until after the close of discovery and now is "trump[ing] up this disingenuous Motion." Asking the court to deny the motion, DirecTV said if it grants any relief it also should schedule a hearing on the appropriate scope of the relief. The agency didn't comment Thursday.