Masters v. DIRECTV, Inc., et al.

Choice-of-Law Agreements

U.S. Chamber's Position: 

NCLC urged the Ninth Circuit to rehear a nationwide class action alleging DIRECTV sold satellite television receivers without warning customers they'd incur additional fees. The Ninth Circuit ruled that DIRECTV’s customer contract, which bans customers from participating in class actions against the company, is not enforceable under California law. In its brief, NCLC argued that the decision invalidates the choice-of-law agreements for millions of non-California customers who signed DIRECTV's customer agreement. NCLC warned that the decision opens the floodgates for class action lawsuits in California.

Case Outcome: 

The Ninth Circuit denied petitioner's petition for rehearing en banc.

Procedural History: 

Amicus brief filed 12/21/09.