US Appeals court upholds Dish Network robocall violations

Discussion in 'General DISH™ Discussion' started by dennispap, Mar 28, 2020.

  1. dennispap

    dennispap Icon

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    "The Chicago-based 7th Circuit Court of Appeals found Friday that Dish Network is responsible for the robocalls because its retailers were acting as Dish's agents. And it rejected a claim by Dish that penalties for the conduct are unconstitutionally excessive.
    The case returns to the trial court for calculation of penalties and damages, according to the Illinois Attorney General's Office.'

    https://www.usnews.com/news/best-st...ourt-upholds-dish-network-robocall-violations
     
  2. satcrazy

    satcrazy Icon

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    Mar 15, 2011
    Great...
    Hope we don't end up paying for dish's screw up.
     
  3. James Long

    James Long Ready for Uplink! Staff Member Super Moderator

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    "The complaint counts relating to the TSR alleged that Dish initiated, or caused a telemarketer to initiate, outbound telephone calls to phone numbers on the DNC Registry, in violation of the TSR, violated the TSR’s prohibition on abandoned calls, and assisted and facilitated telemarketers when it knew, or consciously avoided knowing, that the telemarketer was engaged in violations of the law."
    Press Release: FTC and DOJ Case Results in Historic Decision Awarding $280 Million in Civil Penalties against Dish Network and Strong Injunctive Relief for Do Not Call Violations | Federal Trade Commission

    There is a 475 page "finding of fact" available on the FTC website explaining what happened by who and when. Other court documents are also available.

    Dish Network, L.L.C., United States of America (for the Federal Trade Commission) | Federal Trade Commission
     
  4. NYDutch

    NYDutch DBSTalk Club DBSTalk Club

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    The fine works out to only about $30 per subscriber, so I wouldn't be too concerned about it...
     
  5. satcrazy

    satcrazy Icon

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    Great...
    No offense guy, but I only have ONE car in my driveway!

    30$ will give me a full tank of gas, so I can get groceries.

    Dish doesn"t need my money. When I screw up, I step up to the plate, as do most.

    The question I have is who gets that settlement, after Dish appeals this.

    ANY IDEA?
     
  6. James Long

    James Long Ready for Uplink! Staff Member Super Moderator

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    This has been sitting out there for a decade. It will eat in to their profits when it is paid. It is a one time penalty payment so don't expect your bill to jump $30 per month. (It has already jumped $30 for the year in January.)
     
  7. NYDutch

    NYDutch DBSTalk Club DBSTalk Club

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    I mentioned the $30/subscriber number just to put in perspective how small the fine actually is in terms of Dish's overall financial picture. Any fines Dish ends up paying will of course be paid by you and me since subscribers are their primary source of income. What Dish will not do, is raise their rates specifically to pay for it. As James said, it will simply be a one time charge against profits.

    I have no idea where this fine payment actually goes, but I do know that in some cases penalties paid go into the funding used to investigate and prosecute violations by others unless there's provisions in the settlement to reimburse victims for losses.
     
  8. satcrazy

    satcrazy Icon

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    Mar 15, 2011
    Great...
    Well, I didn't expect monthly bill to go up 30$. Dish knows the subs would leave in droves.

    I just don't think subs should shoulder their screw up.

    How about LOWERING stock dividends, or cutting back on corporate pay raises. Now there's thought.
     
  9. NYDutch

    NYDutch DBSTalk Club DBSTalk Club

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    The fine comes to ~$30/subscriber once, not monthly. And Dish will not raise prices to pay it, the money will come from net profits. It's not enough money to justify renegotiating all the executive contracts, although it might impact a dividend payout if there ever is one again. As I recall, 2012 was the last year Dish paid one...
     
  10. Rickner

    Rickner New Member

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    Mar 30, 2020
    So Dish considers this story closed?
     
  11. NYDutch

    NYDutch DBSTalk Club DBSTalk Club

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    I have no idea where Dish stands on it. I suspect they're consulting with their lawyers about possible further appeals...
     

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