Karina Basso  |  January 5, 2015

Category: Consumer News

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Dish Network LawsuitAt 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.

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121 thoughts onDish Network Hit with Satellite Programming Class Action Lawsuit

  1. Rebecca says:

    Sling tv is also an option, you pay for limited channels but it’s the ones you need and it’s about $25 a month. I used to work for DISH and I’d get frustrated with little changes like this that they’d do but every company does it. DISH managers would tell me that every change we’d do and every charge was justified because the original contract states that programming was subject to change. Some states can get out of their contract if DISH changes ANYTHING but I think it’s only 2 different states that have that right. I’d be more than happy to answer any questions for you regarding programming and prices. I’m also not defending DISH.

    1. lisa says:

      do they have the right to take money out of my account without my permission?

      1. Rebecca says:

        Technically, yes. Remember when the technician was done installing and you signed his electronic thing? That was the contract that states legally DISH was going to use whatever card they had on file for autopay, early termination fees, and unreturned equipment. You legally have the right to see the contract you E-signed. You can call in and ask for it. It’s DISH’s sneaky way of getting their money. Sorry it took so long for me to reply Lisa.

  2. Ree Martin says:

    Don, the same with us. We paid a monthly bill of $96.84, but it was over by $45.98, from what we signed up for. We signed up for their special Americas Top 200, for $39.99 a month, and added some sports for $9.00 more a month. They used their bait and switch tactics! In 6 months time, we paid a total of $275.88 OVER what was really owed. We tried sorting it out from the first bill, then finally gave up on month 6. We were given the run around for too long and worried by their threats of breaking the contract. I did get one specialist to see their error (month 3), and we were given a $30.00 credit, because of their error. Then we get an email saying there was going to be an increase of $5.00. Say what? Well right there is a breach of contract. As if it was not already in breach, for the over billing. I am so beyond angry with them. I would gladly join in any class action suit against Dish! I just wrote them one last email. I sent links in that showing how many suits had been filed and won. I hope we can do it again!!!

  3. Don Muncie says:

    I was a dissatisfied DISH subscriber! They never honored any of THEIR agreements to me! The very first month, they jacked the price up on me. I stayed with then during my contract agreement, then I started cutting programs to meet my budget. Every damn time, we would agree to a set price, then BOOM! It would go up another couple of dollars! I was finally down to nothing for programming, and still paying them $23.99! Two weeks ago, I ripped the dish out, and went to free digital aerial! Twice the channels, and it all FREE! If there is a class action lawsuit started for DISHs over charging, I am interested in that!

  4. Dallas Binger says:

    Is there a class action against Dish Net. for changing their broadcast system & stopping all satellite programing to customers with RVs or Boats (in motion service). This just cost me $3,000 to update my equipment to receive their programing. There was no warning to the customers—Dish just cut them off, on the Mar18th, and kept billing even though they stopped sending the signal.

  5. Miriam says:

    I’ve been 5 years with dish .2 years I had to stay whit they because I need to pay my system and it was part of the contract ,that it’s what they told me , one time it pass the two years I don’t need to stay and the system will be my, so today I call because I don’t need there service any more so I whanted to cancel , So now they tell me that I need to return my system back !!!! or I need to pay them for my system if I not returned , I do not understand what kind fraud is this because they say one thing when you sing for the contract, an on the end they say another thing. THEY ARE A FRAUD !!!!!!! I am whit the demand to dish.

  6. Angie says:

    Dish is not perfect by any means. However none of the practices I read in these comments are any different than any other cable/Satellite service. Switching companies may get you the channels you want for now. If that company falls out of contract with those channel providers, you will be in the same situation. The way these cable/satellite companies treat us as customers is one problem, but not the only or the biggest. When the contracts are up with the channel providers like (Turner programming and the others alike) and the cable/satellite companies. The channel providers want to charge the cable/satellite companies more money to keep receiving these channels. The cable/satellite companies know the only way they are going to pay for this increase, is to charge us the customers more money per month. All cable/satellite companies are losing customers because their prices are too high already. If they raise their prices any more they will lose more customers. So they try to negotiate with the channel providers. Than we lose channels and have to pay the same amount or more for our service. The business practices of the cable/satellite companies is only a small portion of the problem we face. Not only do we need to take the cable and satellite companies to court but we also need to take the channel providers like( Turner programming) to court as well.

  7. Daniel says:

    2/4 /16. I posted a Long, detailed message about wanting others to fill out the “Start a Class Action” by adding to my doing this today, Feb 4, 2016. Also, I asked all interested parties to let me know they want to join me, as filing as an individual is not effective. Can U try to recover this lost Post? My Email is : wassd2014@yahoo.com. Thank you, DANIEL WASSERMAN, 2/4/16

    1. Daniel says:

      Hello to ALL. I am REPOSTING THIS 2/4/16 message again today on 3/3/16. My Email address to contact me: wassd2014@yahoo.com

  8. dave s says:

    what about the installer ,under paid and over worked no overtime pay no vacation pay no benefits nothing

  9. nospam says:

    I hate paying dish to watch commercials and to top it off I get mail asking me if i want dish services from a non returnable snail mail sender.

    1. Marek says:

      Network TV with an antenna also has commercials. The channels are airing ads to generate revenue . TV has always work that way. I’m sure it works that way in the entire world that has TV.

  10. Derrick says:

    I am fairly certain DISH is doing this because they are fighting to keep costs down for their customers, and not trying to scam anyone. The networks try to charge higher prices every year, which in turn causes pay-tv providers to have to raise their prices. While this negotiation tactic that DISH uses to keep prices down is by no means ideal, it has our wallets in mind. If anything, we should be blaming Turner/Fox News/etc for being greedy.

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