DIGITAL SATELLITE SIGNAL (DSS) LITIGATION

Recently a number of Digital Satellite Signal ("DSS") providers have instituted hundreds of lawsuits in the Federal Courts across the country naming individuals who are accused of purchasing card readers, unscrambling devices and similar equipment. The cases rely primarily upon the language of 47 U.S.C. 605 and 18 U.S.C. 2510 - 2521.
Specifically, Direct TV, Inc. has instituted a slew of lawsuits against individuals who, more often that not, may have bought the item in question simply as a novelty and never got it to work or, even more often, never even tried to make it work. Many people actually bought them to use in ways completely unrelated to television use, such as computer peripherals to be used for security features or data storage.

Here is the bottom line…
Matthew R. Halpin & Associates, P.C., after extensive research, believes that the mere purchase or possession of any device is not prohibited by 47 U.S.C. § 605(a), 17 U.S.C. § 1201(a)(1), or 18 U.S.C. § 2511(1)(a). These statutory provisions, on their face, do not make it illegal to purchase or possess any device, and no court (to our knowledge) has ever held that they do. 18 USC § 2512(1)(b) arguably does make it illegal to possess certain types of devices, the subsection governing private suits under the Wiretap Act, 18 U.S.C. § 2520, prevents private parties from suing someone who merely possesses a banned device, unless the device was actually used to intercept a satellite communication. Similarly, while 18 U.S.C. § 2511(1)(a) makes it illegal to endeavor to intercept a satellite TV signal, the subsection governing private suits under the Wiretap Act prevents private parties from suing someone who merely attempted to receive a signal without authorization.

If you have been served with a Complaint from a Federal Court, you have 20 days to file a formal written Answer. This is not a "guideline", this is a serious deadline.

Here is a piece of free legal advice - FILE AN ANSWER OR YOU RISK BEING DEFAULTED. If a Default Judgment is entered against you, you risk wage or bank garnishment (in other words, the Plaintiff starts taking your money from your paycheck or directly from your bank).

Matthew R. Halpin & Associates, P.C. has extensive experience in dealing with the issues surrounding DSS Federal litigation. Matthew R. Halpin himself has appeared and argued in the Michigan District Courts, the Michigan Circuit Courts, The Michigan Appellate Courts, The Michigan Federal Courts, the Federal Appellate Court for the Sixth Circuit (The Federal Appellate governing Michigan, Ohio, Kentucky and Tennessee), the Illinois State Courts, The Illinois Federal Courts as well as Federal Courts located in Tennessee, Florida and New York.

Matthew R. Halpin & Associates, P.C. urges you to give us a call or send us an email (mhalpin@halpinlaw.com) with any questions, comments or general inquiries you may have.