$61 Million Judgment in Dish Network TCPA Class Action Will Stand

Dish Network lost its bid to overturn a $61 million dollar judgment in a 2014 TCPA class action lawsuit.

The corporate defendant’s four-year legal battle was, in the opinion of the 4th Circuit Court of Appeals, “nothing more than an attempt to dismember the TCPA.”  The decision is a victory for consumers who say they were subjected to Dish Network’s unwanted and intrusive telemarketing calls.

Background

Lead plaintiff  Dr. Thomas Krakauer alleged that in May of 2009 he began receiving telephone solicitations from a company known as Satellite System Network (SSN). The calls were made on behalf of Dish Network (SSN markets services from various cable and television providers). At that time, Dish Network was SSN’s sole client.

The plaintiff said he contacted Dish Network and registered a complaint, asking that his number be placed on the company’s Do Not Call list. In addition, Krakauer’s number had been on the national Do Not Call registry for several years prior. This put Dish Network and SSN in violation of the federal Telephone Consumer Protection Act (TCPA).

In 2015, Krakauer filed a lawsuit against Dish Network. It grew into a class action on behalf of all persons who had been on the federal Do Not Call registry or Dish Network or SSN for at least one month and had been contacted two or more times over the course of a year.

Dish Network’s Response

Before trial, Dish Network’s lawyers filed a motion to dismiss the case on grounds that the class had no standing under Article III. Article III of the U.S. Constitution states that a plaintiff must demonstrate three things:

• He/she has suffered a specific, real injury because of the defendant’s alleged actions
• The injury can be shown to be caused by the defendant’s actions
• The injury can be redressed by legal remedies

The court of original jurisdiction disagreed, stating that “Dr. Krakauer’s allegations show a concrete injury to him and to each class member.”

The Trial

Jurors in the trial were instructed to resolve three questions of fact:

• Was SSN acting as an agent for Dish Network when the marketing calls were made?
• Were those calls made to class members who were on the national or a company Do Not Call registry?
• If so, what damages should be assigned for each TCPA violation?

The jury found in favor of the plaintiffs and ordered the defendant to pay $400 per call. However, once it was determined that Dish Network had acted willfully and knowingly, the judge awarded the plaintiffs triple that amount in according with TCPA provisions.

About the TCPA

The Telephone Consumer Protection Act became law in 1991, when technology began making it much easier for companies to make unsolicited and intrusive marketing calls. A 2012 amendment to the law requires telemarketers to get prior written consent from consumers before contacting them. Since then, several consumers have successfully sued companies who violate the law, whether out of carelessness or willfully.

Join a Free TCPA Class Action Lawsuit Investigation

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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This article is not legal advice. It is presented
for informational purposes only.