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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
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138 thoughts onDish Network Do Not Call Registry TCPA Class Action Lawsuit
Does any one know if Dish filed the appeal by the October 15th deadline?
Thanks Anne
Updates anyone it’s October 15th
Did Supreme Court hear dish or told them take a hike?
DISH was not scheduled to go to court today. The deadline to submit their petition is today. The petition will be reviewed and a clerk will decide if it’s worth handing over to the justice who they clerk for. This can take a few weeks to a few months depending on how far along it moves. If all of the justices agree to hear the case then there’s the possibility that it won’t be heard until the session that starts in October 2020 and ends in June 2021. They’ve already been putting cases on the calendar for next session since the current one is filling up.
You also don’t need to call KCC with any questions. You can call the attorney’s office or email them.
I called I was number 45 I hung up
Updates anyone sounds like a witch hunt
There’s no update. DISH has until October 15th to submit their appeal to the Supreme Court, which they recently told the District court that they plan to do. Once that happens, we will have to wait for the Supreme Court to look at the case and decide whether they will look at it. The Supreme Court has been starting to agree to take on cases, but pushing them back until the Fall of 2020. The calendar for this session is already filling up and they have to leave open a few spaces in the event that any case of national importance comes up at the last minute.
Meanwhile, the case has been moving along through the district court. The class lawyers asked for the court to approve paying KCC their fees so far. DISH replied asking the court to deny this motion because there is no guarantee that KCC will be able to pay them back in the event that the Supreme Court takes on the case and sides with DISH. DISH recommended that the class attorneys’ pay KCC themselves and then receive the money back if the Supreme Court doesn’t take on the case or rules in our favor.
If the judge in federal court sides with DISH, then KCC won’t be able to move forward with sending us tax documents to fill out and send back. This process usually takes 3 weeks to a month to complete, so if the supreme court sides with us, it will be another few months before we are paid. KCC will usually give a deadline 3 weeks out to mail our tax information back in, and then it takes the IRS about two weeks to confirm whether the information is correct or not.
DISH is not making attempts at avoiding paying us. They are trying to lower the amount that the attorneys get. If the attorneys get 1/3rd of the $60 or so million, then DISH is still paying out $40 million to the class.
What they are trying to do is to ONLY pay the attorney fees for qualified valid claims. They don’t believe that the attorneys should get the full $20 million if not every single class member applied. This is esentially what they are still going back and forth about in the district court
Their appeal to the supreme court is for them to define what constitutes a TCPA class member. They want the supreme court to finally set guidelines. Should a claim be valid if the correct phone number is given, but there is no record of the person claiming the number ever having lived in that household? Should it be valid if Jane Doe is the person whose name is on the bill for the phone number, but John Doe is the one who submitted the claim form?
If the Supreme Court decides to hear the case, and then defines exactly who is a valid TCPA class member, then it would lower the amount of valid claims for this case, thus lowering the attorney fees that DISH has to pay to class lawyers
The supreme court gets over 7,000 requests per year, but they only end up hearing 150 or so, so the chances of them even taking up this claim are very slim. To the person who asked, even if the court rules not to hear the case, they may not make the ruling in time for class members to receive our checks by christmas. Either way, KCC still needs to send out tax forms and then verify with the IRS that they have the correct social security number since payments will be over $600. It can take two weeks for the IRS to confirm a taxpayer’s status.
Another issue that will eventually come up is what to do with the leftover money once the $800-$1,200 per call is paid out. Should it be distributed further to class members or should it all go to non-profit? I’ve already called the class attorney and asked that it be split with valid class members. I hope that the rest of you do the same
from what I am reading and if my understanding is correct as to what I have read,I cant see their strength in wanting to present their case to the supreme court,it has already been dicussed and a decision has been made,from what I can see its just not going in Dish favor, it is really time for them to just let it go and move on.they are not bringing anything new or different to the tablet to cause for change.same amount of people,same numbers,same approval and also same denied,it just time for them to move on
DISH has petitioned the Supreme Court and asked for an extension until October 15 to present their argument. The Supreme Court granted their extension. Once they submit it, a clerk will review it and decide whether it’s worth presenting the case to the judge that they clerk for.
Anne,
Thank you once again for the update,do you think we may get paid before Christmas?Dish is giving this settlement a hard time but I believe in the end that we will be okay.
Thanks people
I submitted a claim online
I got claim number and Edith put her number in it stopped her right then and said her number wasn’t in their database
Now I’m nervous
All I have is an online claim number and it really happened to me
I haven’t gotten anything else in the mail
Plus I read somewhere about a special master approved claims did denied.
Confused
DISH has submitted a brief regarding the attorney fees. They court awarded the attorneys $20 million. DISH is saying that the Attorneys should only be paid based on class members who have a valid claim, and that the fee should be deducted from our payments
The lawsuit terms were that each call pays $1,2000, and that the attorneys would get 33% of that. That’s why we received letters letting us know how much we were getting and what the attorneys would get from that amount
DISH is saying that this should still be the case, and that the attorney fees should not come from the undistributed money. Remember, only 2,000 or so valid claims were submitted, so there will be a good $30 million+ left overs Dish does not want the lawyers getting paid from leftover money
They also say that in the event of a pro rats distribution, where we could receive $5k per call, would mean that Dish would still be on the hook for attorney fees for class members who didn’t file
They are citing a court case that would help them get back some of the money meant to pay the attorneys.
Anne,
Thank you so much for the info that you provides to us and the way you brake things down concerning the case,it is so appreciated.
They have 30 million left over they should bay the people everyone have claim people need the money more then the big company
People whose number wasn’t accepted were still able to submit a claim and received a claim number. These are the 60,000 people who submitted a wrong number.
Everything that I’ve stated is in the lawsuit paperwork but you are right in telling her to call to find out for herself