Updated: The NFL Sunday Ticket Lawsuit: Why DIRECTV Subscribers May Never Get the Money

By Phillip Swann
The TV Answer Man –Follow me on X.

Update: The judge in the Sunday Ticket case tonight (August 1) overturned the verdict and did not order a new trial. He said the jury did not follow his instructions. As of now, the lawsuit appears to be nullified, meaning there will be no payments to subscribers. The plaintiffs are likely to appeal, however.

Here is the NFL’s statement following the judge’s decision:

“We are grateful for today’s ruling in the Sunday Ticket class action lawsuit. We believe that the NFL’s media distribution model provides our fans with an array of options to follow the game they love, including local broadcasts of every single game on free over-the-air television. We thank Judge Gutierrez for his time and attention to this case and look forward to an exciting 2024 NFL season.”

Below is our story from earlier today.

TV Answer Man, do you know what the status is for the DIRECTV and NFL Sunday Ticket lawsuit? When will we get our money? — Matt, South Bend, Indiana.

Matt, a California jury on June 28 found that the NFL should pay $4.7 billion in damages to DIRECTV residential subscribers of the NFL Sunday Ticket and $96 million to bars which offered the package of out-of-market Sunday afternoon games. The verdict came in a lawsuit first filed nine years ago by former Sunday Ticket subscribers who alleged that the league conspired with DIRECTV to keep Ticket prices higher than market value because it wanted to ensure that Fox and CBS did not lose too many viewers. If prices were lower, more people presumably would get the Ticket and not watch their Fox and CBS affiliates, the plaintiffs’ argument states.

Since it’s an anti-trust case, the damages could actually be triple the amount determined by the jury, which could mean that DIRECTV Sunday Ticket subscribers from June 2011 to February 2023 could each receive up to a few thousand dollars.

But as I noted in a previous column here, there’s a long way to go in this case before anyone will get any money. And it’s possible that the NFL will ultimately not have to pay anything.

Just yesterday, we learned how true that is.

The Sunday Ticket Judge Says the Jury Made a Mistake

U.S. District Court Judge Philip Gutierrez, the presiding judge in the case, on Wednesday (July 31) said the jury did not follow his instructions on determining the damages, according to the Associated Press. The judge said the jury used ‘guesswork’ and ‘speculation’ to determine the amount rather than actual pricing and economic models.

Gutierrez did not say how the jury’s action will affect the case, but he could order a new trial or dismiss the case entirely, something he hinted during the trial he was considering at one point. The NFL would certainly favor the latter because yesterday it issued a motion to Guitierrez to dismiss the case. The judge did not immediately rule on the motion and the Associated Press reported there is no timeline for when he will.

But even if the NFL doesn’t get its way with the judge, the league will likely appeal the case to the Ninth Circuit Court of Appeals and then to the U.S. Supreme Court if necessary.

Bottom line: The Sunday Ticket lawsuit money is not likely to reach actual subscribers for possibly years, if it ever does. (The league is not required to pay up until all appeals are resolved.)

Dale, hope that helps. Happy viewing and stay safe!

Have a question about new TV technologies? Send it to The TV Answer Man at swann@tvanswerman.com Please include your first name and hometown in your message.

The TV Answer Man is veteran journalist Phillip Swann who has covered the TV technology scene for more than three decades. He will report on the latest news and answer your questions regarding new devices and services that are changing the way you watch television. See the bio for Phillip Swann here.