We interrupt this Time Warner Cable-vs.-The NFL Network squabble to introduce a new litigant.
Time Warner filed a lawsuit against DirecTV, which stands to benefit from those viewers who drop their cable system in frustration over the fact that it doesn't carry the NFL's channel, claiming the dish company is lying in their ads.
The lawsuit in U.S. District Court in Manhattan claims DirecTV lied about the accessibility of NFL broadcasts in an attempt to pry away customers, and seeks unspecified damages and a court order to stop DirecTV from saying in advertising that Time Warner Cable subscribers cannot watch their local NFL team play games when DirecTV is showing games on the NFL Network.
“These ads are blatantly false,� the lawsuit filed Thursday said, citing newspaper advertisements claiming that the Dec. 30 game between the New York Giants and the Washington Redskins will not be available to 4.4 million people in New York unless they join DirecTV. In fact, the game will be broadcast to Time Warner Cable customers in New York over the free channel WNBC-TV, even if the residents are not DirecTV customers, the lawsuit said.
Technically, they're right. But we understand DirecTV's pitch here: Drop cable, take us, however you want to interpret this mess.
Robert Mercer, a DirecTV spokesman, said the company had no immediate comment on the lawsuit.
This is the first year NFL games are going on the NFL Network, which is available to DirecTV customers but not to many cable customers. The move has angered many who have cable and don't have access to the NFL Network, while stepping up the fight between satellite and cable over the lucrative NFL market.
In its lawsuit, Time Warner said false ads were causing Time Warner Cable "immediate and irreparable harm" because once customers switch from cable to satellite, it is difficult to persuade them to switch back
because of switching costs involved and lengthy contracts.
And, the fact that the dish is superior to the cable, and usually delivers better customer service. But we digress.
The lawsuit accused DirecTV of making similar claims about football broadcasts in advertising aimed at
people in Green Bay, Wis., Cincinnati and elsewhere when games feature cities’ home teams.
“These false ads were obviously targeted at markets where DirecTV believes that loyalty to the local football team will drive consumer purchasing decisions,� the lawsuit said.
And if that's not enough, Time Warner Cable also accused DirecTV of using advertising featuring actress Jessica Simpson and actor William Shatner to say its high-definition television service provides a picture quality that is superior to Time Warner Cable’s high-definition service.
(Maybe Time Warner hasn't heard, but DirecTV is also using "renouned journalist" Frank Deford to say the same thing about its high-def reception).
Time Warner Cable said those ads were also false because both companies provide exactly the same screen resolution. At best, the lawsuit said, DirecTV’s picture quality is “merely equivalent.�
Guess it depends on what half-empty wallet you're paying for each service.