January 26, 2017

DISH Network Fined $20M for TCPA Violations of Retailers

DISH Network will pay more than $20 million after a North Carolina jury found it violated National Do-Not-Call rules brought under TCPA.

After a five day, trial the Greensboro-based jury sided with Dr. Thomas Krakauer and found that DISH was responsible for making telemarking phone calls, by DISH dealer Satellite System Networks, to telephone numbers listed on the Do-Not-Call Registry.

Dr. Krakauer said DISH was responsible for Satellite System Networks’ actions regardless of contractual provisions that aimed to put exclusive fault on Satellite System Networks. He represented 18,000 class members who also said they were on the National Do-Not-Call list and still got calls from DISH. More than 51,000 calls were made that violated TCPA.

The jury awarded $400 per TCPA violation for a total of $20.5 million, opposed to the $500 per illegal call it could have charged.

You may remember the original suit against DISH Network was filed in 2009, which alleged the company violated numerous multi-state statutes and telemarketing sales rules by its own calling practices and those of its third-party retailers and agents. In 2012, a suit filed by the FTC alleged DISH was also in violation of calling consumers on its Internal Do-Not-Call list.

A U.S. District Court determined that DISH made more than five million calls to numbers on the National Do-Not-Call Registry and authorized retailers made more than 2.6 million more calls at the request of DISH.

DISH also made 98,054 pre-recorded robo-calls and directed two retailers to make more than 49 million more.

TCPA lawsuits are on the rise. Make sure your organization remains compliant and sign up for a Complimentary Compliance Assessment session with one of Gryphon’s Staff Privacy Attorneys now!