DISH TCPA Class Action Lawsuit

A class action lawsuit has been filed against DISH Network, the U.S. District Court for the Middle District of North Carolina and it concerns Satellite Systems Network and their unauthorized phone calls to individuals or entities that are placed on the Nationwide Do Not Call List. The lawsuit is now pending and it is entitled Krakauer v. DISH Network, L.L.C., Case No.: 1:14-cv-33.

The plaintiff Thomas H. Krakauer says that Dish Network had authorized Satellite Systems Network to made phone calls to his number even after he had been placed on the National Do Not Call List. The calls often concerned telemarketing sales inquiry to promote or distribute DISH products. Because of the nature of this lawsuit, the Judge has allowed Krakauer to file the suit on behalf of those who received telemarketing calls between May 1, 2010, and August 1, 2011, from Satellite Systems Network soliciting sales for DISH products and to those who had also been on the National Do Not Call list for at least 30 days prior.

The lawsuit is currently ongoing and the U.S. District Court for the Middle District of North Carolina. Judge Catherine C. Eagles Eagles have declared that DISH Network and their affiliate Satellite Systems Network has violated the Telephone Consumer Protection Act–47 U.S.C. 227–which explicitly bans the use of automated telephone programs and equipment as well as restrict the practice of telemarketing solicitation. Considering that DISH and SSN had violated the act and had made telemarketing calls to those who were on the Do Not Call list, Judge Eagles has tripled the payout amount in order to request additional persons to come forward and to “deter Dish and to give suitable weight to the seriousness and scope of the violations Dish committed.” The Federal Trade Commission created the Do Not Call registry in 2003 in an effort to cease persistent telemarketing phone calls.

The plaintiff is seeking $500 in damages per call received from SSN regarding DISH products from May 1, 2010, to August 1, 2011, and an additional $1,500 per class member. DISH Network has responded that they will appeal the jury’s decision in the class-action lawsuit.

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