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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.
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121 thoughts onDish Network Hit with Satellite Programming Class Action Lawsuit
We have dish, and they took away fox network , which took away are news and most importantly Seahawks football , they have tried to make it right by giving us sling tv, which doesn’t have local fox and the NLF network , that blacked out the game. Now to get out of are contract they want 200.00. We feel we are paying for a service that is not holding up to there end of the bargain. We want to be in a class action law suit aginst dish too. Go Hawks !!!
Include me in any suit. They are the worst. Total breach of contract.
dish doesn’t live up to their contract and im being charged termination fees
I want to sue them!!!!!!!!!
help!
Adding to the frustration Ive already witnessed here. Dish just dropped channels and says that I cannot get out of my contract without paying a more than $350 fee! This is ridiculous, Im in for a class action lawsuit.
Have been with dish for 10 years pls include me in the lawsuit
Include me in the class action lawsuit
What can you do if dish claims you have a prepaid account and they cut your service for non payment. When you do pay one day or two weeks later they restart your service but they do not cominsate for the days it was off. Any other prepaid service restarts your service the day you pay. Can I do anything about this?
Yes, they have records of you being without service for a week or 2 so you need to call back in and ask for time without service credits so they compensate you for the time you didn’t have service.
Please include me in this lawsuit as we had nothing but problems from the 1st day they installed it NEVER had 1 bill that was the same then they added programs on we didn’t ask for. Had to make a call every few days with problems we had with their services. Any wind blowing or storm looking clouds we would have bad service. The internet was suppose to be a bundled package starting at $19.99 a month but ended up being $89.99 a month on top of the Tv bill. Always ran out of data and we had 60gb but some how they said we used them up in 2 weeks. Then the router #1 as they had to come back and wire it the right way then #2 went out in 5 months and we had to buy our own. Then the cut Main News Channels from us because they couldn’t come to an agreement. It was 1 credit after another and every time we told them we wanted out they told us we was in a 2yr contract. We sent them a check and they went and took money out of a back account on a card we removed off direct withdrawl but some how withdrew payment and cut us short as we double paid when we told them we was sending in a check. This was a total nightmare to deal with for the 10 months we had it. Went back to our local tv and net and are now happy.
I am re-posting because I forgot to include my email address should anyone need to contact me for inclusion in Dish class action suits. My previous post was also this day, April 20, 2016. Thank you, Adele W. email: aawdonatelife@yahoo.com Also, what are User-friendly OPTIONS to get local channels, cable channels (eg The Weather Channel, CNN, HLN and a few others) on my home SmartTV? I am not tech-savvy and am Senior-ish so I cant wire, connect, rig media systems. I have no devices for streaming (eg Roku, play stations etc). I do have a Blue Ray DVD player and Century Link mid-speed Internet and a sound bar each separately connected to the TV. I appreciate all suggestions and thank you so much. Please email me as I may not think to check back here. Have a good day, everyone.
Include me in all Dish class action suits. I reside in Yuma AZ. I was (until 4/24/20165) a 3 yr Dish, loyal customer who referred Dish to others. In the 3 yeas I was a Dish customer: I was forced to endure constant service errors & outtages, up-sales phone calls, charged extra to replace EXTREMELY hot receiver boxes, faulty remotes and channels dropped without our being refunded. Most of the America Top 120 channels we blocked out as they’re offensive or of a language we did not speak-realistically we were paying for approx 50 channels (not 120). For a discount I was forced to do paperless bills and allow Dish to AUTO-DEBIT my bank account. Last month the discount dropped and I was AUTO-billed 3 times the amount! I spoke to a Manager and asked to stop Dish, refund me the difference in charges and immediately CEASE auto-debiting my bank account. Ill only be refunded a price difference regarding my stop date, PLUS being charged $10 to return their equipment- the Manager said if I dont return the receiver, card and remote, I could be automatically-billed $250.00! I called Dish back later and the Manager had not stopped the bank auto-debiting so I requested it again. I am physically ill over Dishs corrupt greed and unethical business practices. No wonder why more consumers are getting redi of satellite and cable services -they strong-arm and bait-and-switch unsuspecting customers.