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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
Anne
Have anything else in court doc pertaining to w-9 posted? Thank you for your time and effort to keep us informed about the settlement
I saw the updated on the website. I was always under the impression that the Supreme Court gives people one chance to appeal their decisions, but the rules may not apply to cases that went to trial in federal court. This case did go to trial and there was a jury
I’ve also been following the trial court docket and from what I remember, these are some of the administrative issues….
Our lawyers are entitled to 33% of the payout. DISH wants the court to only grant them 33% from the valid claims filed, and not from the entire 60+ million dollars. Their argument is that our lawyers shouldn’t be paid on behalf of people who did not file.
In the last updated to the docket, both sides submitted a document stating that over 60,000 claims were filed and less than 2,500 were filed using a number that was on the last list. KCC approved some claim forms for people who submitted a correct number, but who DISH says are not entitled to receive payment for a variety of reasons. The court still needs to decide what will happen to those claims. These are people who initially received letters informing them that they had a valid claim.
There’s also the matter of what will happen to all of the money because a few million will be left over. The maximum legal amount that can be paid out for TCPA calls is $5,000. Even if the class is paid $5,000 per call, there will be millions of dollars left, so both sides have to agree on which non-profit it will go to.
The justices denied the petition, but as I said earlier, we should expect DISH to appeal this.
Anne,
You are awesome thank you so much for the continue info, I believe we are nearing the end of this,I don’t see where dish is going get anything over turned.its time for dish to just pay the people for their wrong and just move on.It is really time for this case to come to a close, whether we win or lose.
Home page has been updated good news please read
All of the documents that were submitted by both sides have been distributed to the judges. The clerks will review the case and have to decide whether it will be presented during their conference on December 13th. That’s when they will decide to move forward with this case or deny the appeal. Keep in mind that if the appeal is denied, DISH will have one opportunity to appeal their decision, which we should assume they will. This will start the process with the Supreme Court all over again. Regardless of the outcome, It looks like the soonest we may be paid will be spring 2020.
The cruise lines…the ones who lost those two big TCPA lawsuits that people keep asking about on the Facebook page…they submitted a brief to the court in support of DISH. It’s called an amicus brief and anyone with interest in the case can file one. They want the Supreme Court to hear the case and side with DISH on needing to establish firm boundaries on what constitutes a TCPA violation, and how to determine if someone is actually affected
The class has submitted a response. DISH now has 10 days to reply or to state that they will not give a reply. After that, we have to wait a few weeks to see if the Justices will agree to head this. It may be longer than a few weeks because I’m not sure when they go on the holiday break. If they don’t address the docket by the second week of December then I’ll try to find out this information. I also haven’t read the class reply, but once I do, I’ll come back and let you know if anything that hasn’t already been said came up
There’s nothing on the Supreme Court docket from the class lawyers. They have to reply to the petition, or file a statement saying that they have nothing to say. Either one needs to be filed by the 18th, but submitting it sooner does help the case move along
The petition is now officially on the Supreme Court public docket. DISH has until November 18th to file their response. DISH will then have what I believe is 10 days to reply to it
After that, copies are sent to the difference justices. Considering this will happen right in the middle of thanksgiving, I wouldn’t expect anything to happen after that until January
I meant to say that our lawyers have until November 18th to file a response
DISH notified the district court that they did submit their petition to the Supreme Court yesterday.
The district court also authorized that KCC be paid for the $500k in work that they’ve done so far. The judge mentioned how they handled 70,000 claim submissions. Keep in mind that only about 2,200 of those claims actually submitted a number on the class list, so 67,000 people are going to be disappointed when they don’t get a check
This means that KCC may soon mail out w-9’s to speed up the payment process if the case is tossed by the supreme court
Yes!
Dish filed to the Supreme Court our lawyers said and we filling right behind their butts
This should be a 30 day turn around and laughed. It needs to end
Call class lawyer they know more than three Settment Adminstrator