FTC Push for DirecTV Sanctions in ROSCA Case Discovery Denied

U.S. District Judge Maria-Elena James of San Francisco rejected an FTC push for sanctions against DirecTV (see 1610280027) but is ordering the company to produce one of its experts, Jerry Wind, for a limited deposition. In an order (in Pacer) Wednesday, the judge said DirecTV could have been more proactive in preserving website analytics data, but the FTC also could have been more proactive in getting discovery for that data and consumer testing the company did. The FTC might have preferred a different format for the DirecTV data, but the company did preserve and produce information to allow a comparison of different versions of DirecTV's website through documents, screenshots and source data, James said. She also said the court can't sanction DirecTV for not preserving information "solely because the FTC asserts potentially relevant other tests may have existed." But she ordered that Wind be made available for a four-hour deposition since the FTC did demonstrate prejudice in the form of DirecTV's failing to preserve electronically stored information, thus preventing the agency from confirming the information Wind relied on for an analysis done for the company. The agency is suing DirecTV under the Restore Online Shoppers' Confidence Act for allegedly not properly communicating early cancellation fee terms to subscribers (see 1503110042). The second phase of the trial is to begin Jan. 30.