I read about an interesting lawsuit the other day – DirecTV is suing Dish Network over an ad Dish has been airing. The complaint – Dish’s ad is not true. Stop the presses – an advertisement stretches the truth! Imagine what you might read if a consumer filed a class action lawsuit on the same grounds – accusing DirecTV of misleading the public. "Such statements are not misrepresentations, they are merely puffing." "Everyone knows that television ads should not be taken as the Gospel." "Who are these people anyway – this sounds like the pants lawsuit."
The U.S. Chamber of Commerce is always quick to condemn what they see as baseless lawsuits, as they did when that idiot in Washington, D.C. sued his cleaners on their "guarantee." I don’t like frivolous claims, either. Though the Chamber and I may disagree on what types of lawsuits have merit, I would think that we would have to agree that DirecTV has walked pretty far out on the plank on this one. How about it Chamber – where do you stand? Whichever way you do, say it loud so we all can hear.
Cum Laude graduate of Cumberland School of Law, Pet Mackey is a civil trial litigation expert who represents plaintiffs in business and consumer tort, contracts and construction, employment disputes and insurance. He is board certified as a Civil Trial Advocate by the National Board of Trial Advocacy, a Certified Alabama Mediator, and an “AV” rated lawyer by Martindale-Hubbell.