Even the most powerful companies are equal to the law when violating it. The Dish Network is one of the famous direct-broadcast satellite service providers in the USA. Recently it has been charged with a fine worth $280 million. Sue Myerscough, the US district judge ordered the company to pay $168 million to the federal government, $84 million to California, Illinois, North Carolina and Ohio for the breach of the federal law. In addition, $28 million to California, North Carolina, and Ohio for the breach of state law.
The judge finds the penalty amount appropriate saying “Dish caused millions and millions of violations of the Do Not Call Laws, and Dish has minimized the significance of its own errors in direct telemarketing and steadfastly denied any responsibility for the actions of its. The injury to consumers, the disregard for the law, and the steadfast refusal to accept responsibility require a significant and substantial monetary award.”
In accordance with the Myerscough order, the Dish Network is prohibited from violating do-not-call laws imposing a 20-year telemarketing plan.
Furthermore, the judge didn’t ban the company to perform its services, which was the plaintiffs’ demand, nevertheless, she imposed a compliance plan saying: “I’m convinced that at least some in Dish management do not believe that Dish really did anything wrong or harmed anyone with these millions and millions of illegal calls.’’
What caused the fines to Dish Network?
Dish Network is obliged to pay the hereinabove mentioned fines for using robocalls to consumers on do-not-call lists. In addition, this is a telemarketing violation according to the government.
Dish declines the order
Dish’s spokesman says that the company does not agree with the ruling and is going to appeal it. Consequently, Dish blames both its contractors and subcontractors for the majority of bad calls. Moreover, Dish fired those contractors who caused the problem after learned of that illegal activity.
Thus! In contrast to the Dish’s disagreement, the judge stated “ The company knew its contractors, in many cases, were violating do-not-call laws and did nothing. The company’s retail sales managers “showed little concern with compliance.” In response, the spokesman said that the penalties imposed to the Dish were not fair if compared with the ones imposed to DirecTV, Comcast Corp., and Caribbean Cruise Lines. It is worth to cite his words “Dish has long taken its compliance with telemarketing laws seriously, has and will continue to maintain rigorous telemarketing compliance policies and procedures, and has topped multiple independent customer service surveys along the way.”
Due to the United States accusation, Dish breached both federal Telephone Consumer Protection Act and the Telemarketing Sales Rule when calling the ones who were involved in do-not-call lists and used recorded messages.
So, Justice Department together with Federal Trade Commission wins the penalty against Dish Network. The case is U.S. v. Dish Network LLC, 09-cv-03073, U.S. District Court, Central District of Illinois (Springfield). The case went to trial in January 2016 presided by U.S. District Judge Sue E. Myerscough of the Central District of Illinois. Trial Attorneys Lisa K. Hsiao, Patrick Runkle, Sang Lee and Daniel Crane-Hirsch of the Justice Department’s Consumer Protection Branch represented the United States. Federal Trade Commission (FTC) attorneys Russell Deitch and Gary Ivens were agency counsel on the matter.