Anne Bucher  |  April 7, 2021

Category: Closed Class Actions

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This settlement is closed!

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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

  1. Update says:

    Any new updates?

  2. Get it together says:

    Yes! It’s to late dish knows it
    There time is up

  3. No more Dish for me says:

    Seems as if Dish just wants to prolong the payments as long as they can just to be spiteful and bury this case with appeals.

    Time for me to switch to their competitor since they are acting like this.

  4. Eric says:

    DISH will be submitting another appeal. They submitted a document to a lower court towards the end of December letting them know of their intention to appeal in a higher court. I skimmed through the documents but it looked like they plan on appealing some go the claims that were approved for payout. They submitted this document in a reply to the class lawyer’s request that the settlement payment be transferred to KCC so that they could begin the payment distribution process. DISH made the payment for this lawsuit a while back and the court has been holding on to the money:

    1. nice try Dish says:

      Nope, It’s too late for them now..nice try though for them scumbags! Time to pay up shortly!

    2. Karen says:

      Thank You

  5. ???? says:

    Hey TCA, any updates? All of the appeals time limits are up.

  6. Kelly says:

    There’s a 25 page document of the break down of payments

    I’m still confused and the representative read off a document they read one year ago

    Yes! Something going on

  7. Gees! says:

    Dish just needs to concede and know when theyve been beat, gees!

    1. Kelly says:

      Yes! Dish knows it’s a wash thry know what they did

      Enough already

      1. question says:

        has anyone start to receive w9 yet?

    2. NOTICE says:

      THIS IS ONE SETTLEMENT SEEM TO HAS SLIPPED THROUGHT THE CRACK

  8. Kelly says:

    Thanks Anne

    Did the lawyers get paid?

    I read somewhere the judge said pay the class lawyers

    1. SARA says:

      Anne,

      dish have updated their home page again, I don’t really understand what they are saying and as to what has taken place,please let us know what the update means for us.Thanks

    2. question says:

      have anyone start to receive their w-9 yet?

  9. Anne says:

    DISH has submitted an appeal to the US Court of Appeals regarding the district court judge’s ruling back in December that finalized the lawsuit. It looks like Dish is appealing some of the claim forms that were approved from payment and attempting to have the case tossed in the process. This is going to take a while longer.

    1. SARA says:

      Thanks Anne this so sad

    2. kurshi says:

      As of December 17, 2019, the Supreme Court of the United States rejected Dish Network’s petition for appeal. This means that the class won the appeal, and Dish Network lost. Dish Network can no longer appeal the trial court verdict.

      The case will now return to the trial court for the resolution of several, pending administrative issues. Claim payments will be distributed after the trial court resolves these administrative issues.

      You should check this website periodically for updates on the status of the case.

  10. Anne says:

    The judge requested that the lawyers be paid this week. There’s been no mention of the claims administrator going forward with the payment process, but the judge did say that each call will end up paying somewhere around $760

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