MURPHY, Texas -- A Collin County family made a call to DirecTV for service on their DVR in August 2012. They say DirecTV should be held responsible for who came to their home.
Two men responded to the call. One is named Wahren Scott Massey.
Massey has been a registered sex offender in the state of Texas since 1998. While DirecTV claims Massey was never an employee, he did go to the call with a subcontracted installer.
'This is a public safety concern. This is a danger no one wants coming into their home,' said Rob Crain, an attorney now representing the family.
The entire family was home during the service call. The lawsuit states the father took the man Massey was with upstairs to point out where repairs were needed. The mother was in a back bedroom with an infant.
A 12-year-old daughter, who is a gymnast, was stretching. She caught Massey taking photos of her on his cell phone and ran to her mother, who called Murphy police.
Officers arrived while Massey and his partner were still at the home. Police did a background check and found Massey was a registered sex offender.
He was charged with criminal trespass, and four months after the incident Massey pleaded guilty to attempted indecency with a child and attempted sexual performance of a child. Because of his criminal record, he went to prison for four years.
Crain said since the incident, he and the family have tried repeatedly to get DirecTV to offer some course of action and to explain how this could have happened.
'We sent a certified letter that we know was received, tried to get through on the phone system, sent multiple e-mails that were received. We sent letters directly to legal counsel for DirecTV. We've contacted lawyers we know did work for DirecTV thinking they could get in, but to no avail,' Crain said. 'So, we filed this on the eve of the statute of limitations. This is not what they wanted to do. But we decided, as a family, we were not going to leave this public safety concern alone.'
The family got no response from DirecTV, but News 8 did. A spokesperson sent us this statement:
'The information you have is incorrect. The subject you are speaking of has no affiliation with DirecTV whatsoever. The actual installer was a MasTec [MasTec Advanced Technologies] contractor who, in violation of company policy, brought the subject with him. The relationship between MasTec and the contractor was terminated. DirecTV installation contractors and sub-contractors are required to complete a background check before being allowed to perform any installation services.'
While DirecTV said Massey was not an employee, the police report from the incident said Massey and his partner 'both stated they were independent contractors/installers' for DirecTV.
Crain said the lawsuit is an attempt to make sure someone is protecting the public.
'We want DirecTV, if they're representing their people coming in, to take a personal interest in making sure the folks that show up for the DirecTV appointment are good people and not registered sex offenders,' he said. 'DirecTV is a big, global name. We take trust and confidence in that big, global name. And people just don't know that big, global name is not doing the job on making sure people are the right people coming in the door.'
OnFriday News 8 heard from Vice President andGeneralManager for MasTec, Jeff Muoio.He released the following statement:
'We are aware and promptly responded to the family's attorney related to a 2012 incident in which a subcontracted technician to MasTec AT was accompanied by an unauthorized, non-company individual to an installation at a DirecTV customer's home in Murphy, Texas. During this service appointment, the non-company individual conducted himself inappropriately, conduct for which he has been held legally accountable, including jail time.
'MasTec AT conducts rigorous background checks of our technicians (both employees and sub- contractors) and maintains strict enforcement of public safety policy and procedures. While the subcontracted technician passed the background check, he violated the specific policy forbidding any unauthorized individual from accompanying personnel on customer appointments. For this, the subcontracted technician was promptly terminated.
'We are focused on the safety and security of all of our customers and employees, and we enforce our policies and procedures in keeping with this commitment.
'We are reviewing the legal filing with our attorneys. It is inappropriate for us to comment further on pending legal matters at this time.'E-mail firstname.lastname@example.org