Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE:
- The Court has ordered that Class Members be paid.
- Class Members have until May 3, 2021, to provide an Internal Revenue Service (IRS) Form W-9 to the Claims Administrator. Click here to submit.
- Class Members who do not submit a Form W-9 by May 3, 2021, will receive $595 in June 2021; they will then have 90 days to submit a Form W-9 in order to receive the balance of the payment.
- Class Members who do submit a Form W-9 will receive a full payment in June.
- Click here to see if your name appears on the list of Class Members entitled to payment.
- The claim deadline has passed. New claims may no longer be submitted.
A verdict has been reached against DISH Network LLC over allegations it made telemarketing calls to phone numbers listed on the national Do Not Call Registry, in violation of the Telephone Consumer Protection Act.
If you received telemarketing calls between May 11, 2010 and Aug. 1, 2011 from a DISH retailer selling DISH subscriptions, you may be entitled to a cash payment.
Plaintiff Thomas Krakauer filed the DISH Network class action lawsuit in 2014, alleging a DISH authorized retailer illegally made telemarketing calls to him even though his phone number was listed on the national Do Not Call Registry. He claims this conduct was a violation of the Telephone Consumer Protection Act.
“Among other things, the TCPA and its accompanying regulations prohibit telemarketers from making telephone solicitations to persons who have their telephone numbers listed on the national Do Not Call Registry, a database established to allow consumers to exclude themselves from telemarketing calls unless they consent to receive the calls in a signed, written agreement,” the DISH Network class action lawsuit says.
Krakauer alleges that DISH knew many of its authorized dealers were making illegal telemarketing calls to sell DISH satellite TV subscriptions but that it failed to take steps to stop the conduct.
“Dish took the view that compliance was the dealers’ responsibility, and fell back on self-serving contractual provisions to attempt to shield itself from liability for the illegal telemarketing conducted on its behalf,” the DISH Network class action lawsuit alleges. “Under the TCPA, Dish’s efforts to avoid responsibility fail.”
According to the DISH class action lawsuit, more than 51,000 calls were made to 18,066 phone numbers that were listed on the national Do Not Call Registry during the Class Period.
The DISH Network TCPA class action lawsuit went to trial in January 2017, and a jury found that DISH Network was liable for calls placed by the retailer to phone numbers listed on the Do Not Call Registry.
Who’s Eligible
Class Members of the DISH Network TCPA lawsuit include anyone whose phone number is listed as one of the 18,066 phone numbers that were listed on the national Do Not Call Registry and received at least one telemarketing call from a DISH retailer selling DISH subscriptions.
You can enter your telephone number into the Telephone Lookup Form to find out if you qualify.
Potential Award
Up to $1,200 per call.
The amount each Class Member will receive per call has not yet been determined. This $1,200 amount will be reduced by some percentage to pay the attorneys’ fees and costs.
Proof of Purchase
N/A
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
6/18/2018 *UPDATED*
Case Name
Thomas Krakauer v. DISH Network LLC, Case No. 1:14-cv-00333, in the U.S. District Court for the Middle District of North Carolina
Final Hearing
N/A
UPDATE: The Dish Network Do Not Call Registry TCPA Class Action Lawsuit is currently under appeal. Claims will not be paid until all appeals are exhausted. We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.
Settlement Website
Claims Administrator
Dish Network Class Action Claims Administration
c/o KCC Class Action Services
P.O. Box 40417
Louisville, KY 40233-4017
1-866-650-3711
KrakauerLitigation@KCCLLC.com
Class Counsel
John W. Barrett
Brian A. Glasser
BAILEY & GLASSER LLP
J. Matthew Norris
NORRIS LAW FIRM PLLC
Edward A. Broderick
BRODERICK LAW PC
Matthew P. McCue
THE LAW OFFICE OF MATTHEW P. MCCUE
Defense Counsel
Peter A. Bicks
Elyse D. Echtman
John L. Ewald
ORRICK HERRINGTON & SUTCLIFFE LLP
Eric Larson Zalud
BENESCH FRIEDLANDER COPLAN & ARONOFF LLP
Richard J. Keshian
KILPATRICK TOWNSEND & STOCKTON LLP
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
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
Honda, Hyundai, Kia, Subaru vehicle data collection class action lawsuit investigation
May 17, 2024 | Legal News
138 thoughts onDish Network Do Not Call Registry TCPA Class Action Lawsuit
What if you’ve gotten nothing in the mail. No letter nothing
Just have my online claim number?
Then your claim was denied due to the number not being on the list. People whose number was on the list, and had the claim approved, received a letter approving their claim and a second letter discussing the attorney fees, and that second letter also included how many calls your number had.
People who had a number on the list, but who KCC denied based on believing that the number was never used by them, received denial letters and given chance to appeal
60,000+ people submitted claims with numbers not on the list and they weren’t send denial notices.
I was one of the individuals that had the same number. I was sent a letter in mail to file a claim. I filed then I was approved with another letter from claim admin. However 3 months letter I was sent a denial letter. I was 30 day to show proof of number. So I had to send in my old Tmobile bill and I to the local dish network office and had them give me a copy of my file. They gave me all my account information from 2001 up to now with dish. I emailed/mail copies of all information from phone company/dish/ and the claim notice I was sent in mail back in Feb. In March I was send a letter stating my claim was re-approved. They also apologized and thank me for the rapid response.
I was one of the individuals that had the same number. I was sent a letter in mail to file a claim. I filed then I was approved with another letter from claim admin. However 3 months letter I was sent a denial letter. I was 30 day to show proof of number. So I had to send in my old Tmobile bill and I to the local dish network office and had them give me a copy of my file. They gave me all my account information from 2001 up to now with dish. I emailed/mail copies of all information from phone company/dish/ and the claim notice I was sent in mail back in Feb. In March I was send a letter stating my claim was re-approved. They also apologized and thank me for the rapid response.
So it is possible that the people who file with that number did have ownership at one point of time.
DISH’s lawyers mentioned during the July 11th call that they intend on submitting their appeal to the supreme court. They have until August 28th to do so.
That means that sometime during the fall, the clerks working in the court will review the case and make their recommendation to the supreme court justice that they work for. This is usually how these cases works. The judges take the first look at the cases. The people working for them do, and if the individual judge agrees that this case is worth looking at, it will be presented at a panel with all of the other justices present. They then make the final decision regarding which cases will go forward. This paragraph is information that I’ve gathered over the years, so it may be a bit off
In regards to the appeals court, both parties will have to submit paperwork in regards to how the distribution should happen, and what should happen to any money leftover. I believe that each party can go back and forth a bit. The last response is due by august 29th.
One of the issues that they have to hash out is whether KCC can start asking for w-9 forms while we wait for the supreme court to make a decision. This would allow us to receive payments within 31 days if the court denies to look at the case.
I suggest that anyone reading this reach out to class attorney’s, maybe write to the court, and say that if there’s enough money left over, it is only fair that class members receive the maximum allowed by law per call, which is $5,000, if the funds will allow it.
Hey Anne, great info on your July 2 post. I especially like the part “Around 40 people filed a claim form using the Plaintiff’s, Krakauer, phone number. ” ha ha
thank you. I believe that the plaintiff is a doctor so his number should be easily found on google. I hope that these people and their respective addresses are placed on KCC’s internal fraud list
I called the attorney’s office today and can confirm that pretty much everything below is true. The attorney’s haven’t been paid as well because they are waiting to see if DISH petitions the supreme court. I wasn’t told whether our the money will divided up equally per call up to $5,000. If DISH lets this go then we should receive our payments before the end of the year.
First thing…it looks like we will have to wait for DISH’s deadline to appeal to the supreme court to pass. I think it is August 28th. It’s on the DISH website. After that, KCC has to file a document with the court asking the judge for the OK to pay the class. I’ve seen this happen in other lawsuits and it can take a month from the time the claims administrator files that form for the court to give the ok.
There is a request via the court of appeals to move the money from a liberty mutual bond account into another account that will serve as the one that checks will be cashed from. The settlement has been earning about $2,500 per day since April 2018 and will continue to earn interest until it pays out. They money will be allotted to the class payments.
The district court issued a few orders regarding some appeals that DISH had. The only one that DISH one was the appeal of late claim forms. The judge said that the court gave a generous seven months to file, and that included personal phone calls from KCC and the law firm representing the class when contact information was available. I think a little less than 40 claim forms will be dimissed.
What i’m not 100% too sure about is this….it looks like any claim form that KCC accepted will be paid out. KCC accepted some claims that the special master later said weren’t valid. It looks like the judge says that KCC had enough fraud factors in place and that it would have been near impossible for someone to guess a number belonging to the class. DISH also appealed over 100 claim forms that the special master said were valid. The judge denied DISH’s appeal and said that the special master’s report will stay. What I’m unclear about is whether the claim forms that the special master said were invalid, but KCC were valid, will be paid. It looks like they will. If you received a letter from KCC telling you how much you were eligible to earn and discussing the attorney fees then KCC accepted your claim. If you received deficiency letter then KCC did not validate your claim. It looks like people whose claims were denied by the special master never received any letters
Over 60,000 claims were filed with invalid numbers. If you guys remember, we were able to open the claim form if our number was on the list. People whose numbers weren’t on the list were given the opportunity to mail in a claim form. These are the 60k.
Around 40 people filed a claim form using the Plaintiff’s, Krakauer, phone number. They probably found it online.
Lastly, people who filed claims on behalf of an estate, or where they returned the deceased’s spouses claim form but signed it themselves, will be accepted.
We have a few more months of waiting. What I still want to know is if they will divide the money between the class up to $5k per call. Most people had 2 calls. It looks like one person had 20.
Don’t forget, we will have to submit w9’s for this and claim this on our taxes. Some people are going to be in a different tax bracket this year due to this check . Don’t blow the money before you pay the IRS.
Has anyone contacted the class attorney at any point? They are receiving a generous $20 million due to the lawsuit being trebled by the court..Those of us who submitted valid claims should receive $5k per call because that is what’s legally allowed. The terms of the lawsuit set the number at $1,200 per call but that was with every claimant submitting a claim. Not everyone submitted a claim so it’s only fair that valid claimants receive up to $5k per call before anything is sent to a non-profit. I wonder if this is something we can send a letter to the court about.
Realistically, since the court trebled the lawsuit, we could legally be entitled to $15k per call. That part i’m unsure of. I wish I could locate a document on the lawsuit website that clearly states the number of approved calls. Then we could figure out how much money is left over after the $1,200 per call is paid out.
The court turned DISH down and has ordered the clerk to pay the attorneys. There will be a conference call on July 11 between the court, DISH, and class attorneys to discuss the disbursement of funds. DISH can still petition the Supreme Court, which I think they have to do by the 10th. If they do then this will be on hold for a while since the Supreme Court just went on break and is not back in session until the first Monday of October.
very good info thanks Anne
DISH petitioned the court of appeals for a rehearing yesterday June 19th. The class website hasn’t been updated to reflect this yet. I don’t know how long the court has to reply to their petition, but if they are allowed to make oral arguenrs again, we can count on not getting paid this year
*oral arguments
if they had something different to present to the court they would have done it by now,it will be over ruled again,give the people their money and move on