Dish Network Hit with Satellite Programming Class Action Lawsuit

At the end of 2014, Dish Network LLC was hit with a class action lawsuit for allegedly charging consumers “tens of millions of dollars” for satellite programming, a service which Dish allegedly failed to provide to paying customers.

Plaintiff Neil Stokes, a resident of Missouri, has filed this Dish Network class action lawsuit, seeking “actual damages, injunctive relief and declaratory relief arising out of DISH’s failure to provide to Plaintiff and the Class monetary relief, such as a credit, rebate, or reimbursement of the tens of millions of dollars paid to DISH by Plaintiff and the Class, for satellite television programming which DISH failed to provide.”

Stokes has been a subscriber of Dish Network satellite programming since 2008, at which point in time he selected and paid for the “America’s Top 120” package, which originally included Turner Programming and Fox News Programming. The plaintiff’s programming package selection was later confirmed by Dish Network and he continued to pay for this service from 2008 through 2014.

However, Stokes alleges that the company’s confirmation did not disclose to plaintiff or other Class Members that Dish Network may at any time during the subscription period, “delete or change any of the programming paid for by the Plaintiff and the Class, or change the pricing of such programming, without any credit, recourse, or recompense to Plaintiff and the Class,” according to the satellite programming class action lawsuit.

On Oct. 21, 2014, the carriage agreement between Dish Network and Turner Broadcasting System Inc. expired, a fact that Dish was allegedly aware of prior to October 2014. On the expiration date, Dish Network made the conscious choice to not renew the Dish/Turner agreement, according to the Dish Network class action lawsuit. From Oct. 21 through Nov. 20 2014, Dish did not provide paying consumers, like Stokes, with their full Dish satellite programming package.

Similarly, on Dec. 21 of the same year, the carriage agreement between Fox News Programming expired, something that Dish was completely aware of prior to December, according to the Dish Network class action lawsuit. In December of last year, Dish Network decided not to renew the Fox contract, and as a result, Dish Network has not provided the previously included Fox channels to Stokes and other Class Members from December to the present.

According to the Dish Network satellite programming class action lawsuit, Stokes alleges Dish Network:

“(a) failed to provide the Turner Programming [and Fox News Programming] to Plaintiff and the Class; (b) pocketed the millions of dollars paid by Plaintiff and the Class to DISH for such programming; (c) refused to provide to Plaintiff and the Class a full credit and/or reduction in DISH’s monthly fees or any other monetary relief; and (d) refused to permit Class members to terminate their Subscriber Agreements without payment of a termination fee to DISH.”

Stokes further alleges Dish Network continues to advertise their satellite programming packages, claiming they include Fox News Channels, despite the contract termination.

The satellite programming class action lawsuit brings several allegations against Dish Network, including claims of breach of contract, breach of covenant of good faith and fair dealing, unjust enrichment, Colorado Consumer Protection Act, Missouri Merchandising Practices Act, and declaratory relief.

In this Dish Network class action lawsuit, Stokes is seeking to represent himself and a proposed National Class and Subclass of similarly situated Dish Network satellite programming consumers. He is seeking relief in the form of Class and subclass certification, individual actual damages for Stokes, aggregate actual damages for the Class and subclass, disgorgement of profits by Dish Network for programming not provided, punitive damages, among other forms of injunctive relief for the plaintiff and the Class.

The Dish Network Satellite Programming Class Action Lawsuit is Stokes v. Dish Network LLC, Case No. 2:14-CV-04338, in the U.S. District Court for the Western District of Missouri.