DISH Network LLC “repeatedly looked the other way” when one of their hired marketers illegally violated the Telephone Consumer Protection Act (TCPA) by harassing consumers with numerous telemarketing calls. DISH was ordered to pat $280 Million to the U.S. and four states, California, Illinois, North Carolina and Ohio, for robo-dialing consumers violating state laws.
The U.S. accused Dish of violating the federal Telephone Consumer Protection Act and the Telemarketing Sales Rule by phoning people on do-not-call lists and using recorded messages.
Taking no responsibility for their violations and illegal activity, DISH's spokesperson announced they will be appealing this notion. Dish blames contractors and subcontractors for over 90% of the illegal activity and feels their penalty is unfair.
Acting Assistant Attorney General Chad A. Readler said in a statement that the case “demonstrates the Department of Justice’s commitment to smart enforcement of consumer protection laws, and sends a clear message to businesses that they must comply with the do-not-call rules.”
With “millions” of calls made Dish is starting to sweat. The federal consumer act allows damages of $500 a call or text, which can be tripled for violations made knowingly. The sales rule allows penalties of $11,000 for each violation before Feb. 9, 2009, and $16,000 per violation after that.
A federal judge in North Carolina has nearly tripled the $20.5 million awarded by a jury in January for over 50,000 consumers on the Do Not Call Registry who received robocalls from Satellite Systems Network on behalf of DISH Network. The judge has set the potential award to $61.3 million in TCPA damages, increasing the per-person award to $1,200 each.
Consumers eligible for an award must have received a telemarketing call from Satellite Systems Network on behalf of DISH between May 1, 2010 and August 1, 2011, and must have been on the Do Not Call Registry for at least 30 days before receiving the calls, or have been on the internal “do not call’ list for either company.
Class members should have received a postcard notice, if you have not but feel that you are eligible for an award, you can submit telephone records showing that you received telemarketing calls from the company.
If you are a victim of the DISH Network robocalls please contact Pirl today at Info@myPirl.com