Judge Finds Dish Network Violated TCPA

A federal judge has found that satellite TV provider Dish Network repeatedly violated the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, and state telemarketing laws.

In a 238-page opinion, U.S. District Court Judge Sue E. Myerscough issued a partial summary judgment – a judgment entered on the merits of the case without a trial – in a robocall lawsuit filed against Dish Network by the U.S. Department of Justice. The DOJ brought the TCPA lawsuit after attorneys general in California, Illinois, North Carolina and Ohio contacted the Federal Trade Commission about Dish Network’s illicit practices.

Specifically, the robocall lawsuit accused Dish Network of violating the federal Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR) by generating, or having a third party generate, some 7.6 million calls to numbers on the national Do Not Call Registry. Dish is also liable for nearly 50 million abandoned calls.

The Colorado-based Dish Network provides satellite television, satellite Internet, audio programming, and interactive television services to some 14 million commercial and residential customers.

Dish could be on the hook for up to $725 billion for the 57 million illegal calls. When the remainder of the TCPA lawsuit goes to trial in July, the penalties against Dish will be determined. The Dish Network lawsuit is seeking between $500 and $25,000 per violation.

The Telemarketing Sales Rule (TSR), under the umbrella of the Federal Trade Commission, allows consumers to decide what, if any, telemarketing calls they receive at home. The TSR established the National Do Not Call Registry, which makes it easier and more efficient for consumers to reduce the number of unwanted telemarketing sales calls they get.

The registry applies to all telemarketers (with the exception of certain non-profit organizations), and covers both in-state and out-of-state telemarketing calls. Commercial telemarketers are not allowed to call numbers on the registry, according to the Federal Communications Commission (FCC).

Each violation of the TCPA, enacted in 1991, can carry up to a $500 fine, while each cell phone user who proves an intentional violation can sue for up to $1,500 for each unlawful message.

Provisions of the law prohibit solicitations to residences before 8 a.m. or after 9 p.m. Solicitors are required to provide their name, as well as the name of the company they are calling for, in addition to a telephone number or address where the company can be contacted. Solicitors must also maintain a company-specific do-not-call list which is to be honored for five years.

Under the TCPA, using autodialing equipment to send calls to wireless phones without the prior consent of the cellphone user is prohibited. Text messages are considered under the law as the equivalent of telephone calls.

In 2013, nationwide pizza chain Papa John’s agreed to pay more than $16 million in a TCPA settlement following a class-action lawsuit for blasting customers’ cell phones with text messages about pizza specials. The settlement called for nearly $3 million worth of free pizza vouchers and an additional $11 million in cash awards to Class Members.

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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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