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.