DISH Network Cellphone Lawsuit Alleges Continued Collection Calls After Bankruptcy

A Florida woman filed a DISH Network cellphone lawsuit claiming the company continued to make unwanted phone calls in order to collect a debt that was discharged in bankruptcy.

Plaintiff Linda M. alleges in her DISH Network cellphone lawsuit that DISH Network made telephone calls to her cellphone “using an automatic telephone dialing system, a predictive telephone dialing system, or an artificial or pre-recorded voice,” in an attempt to collect an alleged debt.

In March 2014, Linda retained a lawyer for representation with respect to her debts allegedly owed to DISH Network and subsequently, she filed for bankruptcy in May 2014.

According to Linda, she listed DISH Network as an unsecured creditor in her bankruptcy petition.  Her bankruptcy was commenced in August 2014and DISH Network reportedly received notice of the discharged debt.

Allegations Raised in DISH Network Cellphone Lawsuit

Yet, despite possessing actual knowledge of the bankruptcy discharge order and accompanying permanent injunction, DISH Network directly sent Linda an e-mail in an attempt to collect the debt.  Along with the e-mail, the DISH Network cellphone lawsuit says that DISH Network, without express consent, contacted Linda via cellphone in an attempt to collect the debt on at least 10 occasions from October 2014 to February 2015.

The actions of DISH Network are in violation of the Florida Consumer Collections Practices Act as well at the Telephone Consumer Protection Act, the DISH Network cellphone lawsuit contends.

Along with statutory damages pursuant to the FCCPA, Linda is seeking statutory damages in the amount of $500 for each unwanted cellphone call that violated the TCPA as well as treble damages in the amount of $1500 for each willful TCPA violation.  Linda is requesting a trial by jury for this case.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) is the main federal law intended to curb unsolicited phone calls using automatic telephone dialing systems. These calls are banned unless the consumer previously gave consent to receive them or the call is for emergency purposes.

This ban applies even if you have not placed your phone number on the national Do-Not-Call list.

The law specifically states that each unsolicited phone call carries a civil fine of between $500 to $1,500. For cell phone users, the problems could be more than just simple annoyances.  Many cell phone carriers charge per received call and the problem is amplified if the recipient is on a pre-paid cell phone plan.

Unwanted Cell Phone Calls and TCPA Protection

The TCPA makes it illegal for companies or debt collectors to make calls using an automatic telephone dialing system or artificial or prerecorded voices to cellular phones without the consent of the recipient and also includes a fine for unsolicited phone call ranging from $500 to $1,500 per violation.

Class action lawsuits under the TCPA are becoming more common due to the potential penalties and because the statute does not require proof of individual damages. Claims of liability in the millions and settlements for substantial sums are not uncommon and will continue as companies struggle to comply.

If you received an automated call or unsolicited cellphone call from DISH Network, you may be entitled to $500 to $1,500 per TCPA violation.

The DISH Network Cellphone Lawsuit is Case No. 16-004731-CI in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, Civil Division.

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.

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