Dish One, the satellite television company, is facing a TCPA lawsuit for allegedly sending spam cell phone calls to consumers without prior consent.
If found to be in violation of the Telephone Consumer Protection Act (TCPA), the company could be fined between $500 to $1,500 per violation.
The TCPA was established in 1991, after Congress noticed numerous complaints from consumers that described receiving unwanted calls from merchant companies. Under this federal policy, companies are not allowed to call or text consumers without their specific permission.
Additionally, companies are not allowed to use automated dialing systems to bring up the consumers’ numbers, a company representative must be able to identify themselves and the company they work for, and provide the option for the consumer to be removed from the company’s call list.
If a company is found to be violation of the TCPA, it can be fined either $500 or $1,500 for each of the violations. If the violation is found to be accidental, the penalty would be the lower number.
However, if a company is found to be committing the violations on purpose, such as calling people who specifically said to stop calling, that would rise to the higher figure.
Plaintiff’ Carrie C. filed the TCPA lawsuit against Dish One Satellite on June 18 in the U.S. District Court of Central California. Carrie claims that the company illegally called her cell phone without prior consent. The lawsuit alleges that Dish One violated the TCPA, which prevents marketing companies from sending unwanted text messages and phone calls.
The plaintiff states Dish called her multiple times offering to her service products. She says the problem became so bad that at one point the company showed up at her home.
She says she filled out a form in 2012 to receive Dish One television services, but she did not end up using the company’s services. Carrie states that Dish obtained her cell phone number through the form she filled out, but she did not give Dish permission to contact her.
She says she tried to remove herself from the company’s contact list, and repeatedly asked the company not to call her again. The TCPA lawsuit alleges Dish did not comply.
Carrie’s lawsuit is seeking class status for any other consumers who received unwanted calls from Dish One and wish to pursue legal action against the company.
This TCPA lawsuit is Carrie C. v. Dish One Satellite, Case No. 5:15-cv-01194, in the U.S. District Court of Central California.
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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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