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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. Mr. Hutchins started his career as a lawyer in Cheyenne, Wyoming. First gaining experience as a law clerk for the district court judges, Mr. Hutchins entered private practice with a Cheyenne firm focused on civil litigation, business law and some general practice law. Later, Mr. Hutchins went to Alaska, where he was the chief litigator for a firm that engaged in bond law, corporate law, securities law, and the broad reach of municipal law. Mr. Hutchins returned to Cheyenne to represent the State of Wyoming in the national tobacco arbitration. While in that position, he developed the consumer protection unit for the Wyoming Attorney General's Office. He led over 120 investigations and enforcement actions in Wyoming and worked on numerous joint cases with the Federal Trade Commission and other states, including Colorado. Mr. Hutchins relocated to Colorado in 2016 and founded Harmony Law. Mr. Hutchins has established Harmony Law in three principal areas of law. First, it is a general practice firm in the areas of business law, estate planning and family law. Secondly, it is a civil litigation firm, practicing law in state and federal courts throughout Wyoming and Colorado. Finally, it is one of the few firms in Wyoming or Colorado that focuses on consumer protection law.

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