Large Dish Network TCPA Lawsuit May Have Ramifications

Dish Network is at the center of a large telemarketing lawsuit filed by the U.S., California, Illinois, Ohio and North Carolina governments, alleging that the company uses unlawful soliciting practices. 

The robocall lawsuit was filed in an Illinois federal court, where presiding Judge Sue E. Myerscough recently found Dish Network liable for the violating federal law. 

Dish Network has been accused of using third-party telemarketing to unlawfully contact millions of individuals. The Dish Network telemarketing lawsuit claimed that Dish Network knowingly contracted and worked with telemarketing companies that broke the Telephone Consumer Protection Act, or TCPA.

Allegedly, 57 million calls were sent to individuals that were prerecorded, or the individuals had put their number on the “Do Not Call Registry.” While a little over 5 million were made by Dish Network or telemarketing companies that were known vendors of Dish Network, the remainder were said to have been made by telemarketing companies that Dish Network contracted and approved, according to the TCPA lawsuit.

Dish Network claimed that it was not liable for the actions of the telemarketers who violated the TCPA because they were unaware or not in control of their actions. However, Judge Myerscough decided Dish Network was in fact liable for the behavior of the third-party telemarketers because there was evidence that Dish Network was partially aware and supported their behavior.

Evidence presented by the plaintiff suggested that at least one Dish Network employee was aware of third-party TCPA violations and did respond adequately. 

Judge Myerscough issued a 238-page opinion on Dec. 11.

Dish Network is facing a number of TCPA lawsuits and TCPA class action lawsuits that may be influenced by the result of the Dish Network robocall lawsuit brought forth by the government.

The fact that Dish may be held liable for third-party vendors is likely to affect other TCPA lawsuits as well. 

Dish Network Liability

Dish Network asked the Federal Communications Commission (FCC) to determine what the liability should be for third-party TCPA violations. The FCC responded that a seller would be liable for third-party agents, including “principles of apparent authority and ratification.”

This statement was later determined to not be binding in court.

While Dish Network attempted to dispute the reference to apparent authority and ratification, Judge Myerscough’s decision suggests that the FCC statement may have some influence in this and may influence other TCPA lawsuits.

Dish Network may have to pay $725 billion in statutory damages for its alleged TCPA violations.

Dish Network allegedly attempted to use legal safe harbor provisions, but they did not provide adequate written documentation according to Judge Myerscough.

This Dish Network TCPA Lawsuit is U.S., et al, v Dish Network LLC, Case No. 3:09-cv-03073, in the U.S. District Court for the Central District of Illinois.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

Get a Free Case Evaluation Now