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The FTC obtains $280 million judgment against Dish Network for telemarketing violations

Posted by Clyde Hutchins | Jun 06, 2017 | 0 Comments

The FTC obtains $280 million judgment against Colorado based Dish Network for telemarketing violations

A U.S. District Court in Illinois found that Colorado based Dish Network violated the FTC's Telemarketing Sales Rule (TSR) and the Telephone Consumer Protection Act by making or causing its telemarketing agencies to make calls to consumers who had their telephone numbers listed on the do-not-call list and by abandoning calls. The Court found more than 66 million TSR violations. Notably, the Court's findings of fact and conclusions of law suggest that Dish did not take the TSR and the Telephone Consumer Protection Act seriously until rather recently.

In addition to the $280 million judgment, the Court awarded injunctive relief to protect consumers from future harm. The injunctive relief includes provisions that:

  • Require Dish to prove that Dish and its retailers are in compliance with the Safe Harbor Provisions of the TSR.
  • Require Dish to retain a telemarketing compliance expert to ensure compliance with telemarketing laws and the injunctive terms.
  • Allow the FTC To make unannounced inspections of Dish and its retailer facilities and records.

I am not surprised by the Court's decision and its conclusion that Dish was not taking federal telemarketing laws seriously. I had the same sense when I had to deal with Dish on occasion while working with the Attorney General's Office.  

About the Author

Clyde Hutchins

Clyde Hutchins is the founder of Harmony Law. Prior to opening Harmony Law, Mr. Hutchins worked in the Wyoming Attorney General's Office for several years where he developed a strong consumer protection enforcement unit. In that position he led over 120 investigations and enforcement actions under the Consumer Protection Act. He worked on numerous joint cases with the Federal Trade Commission and other states, including Colorado, on consumer protection matters. Mr. Hutchins is also a contributing author to Consumer Protection Law Developments, Second Edition. Previous to his work in the Attorney General's Office, Mr. Hutchins was in private practice in Anchorage, Alaska where he was the chief litigator for a firm. Mr. Hutchins represented municipalities on various matters. Mr. Hutchins provided counsel to businesses and investment advisors regarding compliance with securities laws. He was also a bond lawyer and worked on municipal financing matters. Prior to that, Mr. Hutchins practiced civil litigation with a law firm in Cheyenne, Wyoming. Mr. Hutchins devotes his spare time to his family, traveling and enjoying the great outdoors.

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Harmony Law is one of the few law firms in Colorado and Wyoming that focuses on consumer law. Mr. Hutchins is a member of the National Association of Consumer Advocates and state chair for Wyoming. If you have a consumer law issue, please feel free to call 970-488-1857 and speak with Mr. Hutchins.

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