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Predictive Dialer: New Lawsuit Filed Against DISH Network for Illegal Telemarketing Calls

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December 12, 2011

Predictive Dialer: New Lawsuit Filed Against DISH Network for Illegal Telemarketing Calls

By Jamie Epstein, TMCnet Web Editor

A recent article revealed that an unknown plaintiff has just filed a lawsuit against DISH Network LLC, claiming the company completed around a dozen unsolicited telemarketing phone calls via either an auto or predictive dialer thus violating the Telephone Consumer Protection Act.   

“Over the past four years, DISH and/or its retailers or authorized agents have engaged in widespread advertising via unsolicited prerecorded telemarketing calls and auto-dialer use in violation of the TCPA” to both residential phone numbers and cell phones, the compliant stated.

Originally filed within the state of Colorado’s jurisdiction, the plaintiff is claiming to have received 16 pre-recorded and live calls from DISH representatives between January 2006 and March 2009, even after he placed his phone number on both the company’s internal and the federal Do Not Call list, according to the article.

The plaintiff believes that the satellite television provider should have been aware that its retailers were conducting illegal telemarketing actions, leveraging innovative technologies including auto and predictive dialers. This included contacting individuals who had already joined the Do Not Call registry.

The suit is seeing damages that total at least $500 for negligent violations and $1,500 for going against the TCPA, due to the fact that ”a person or entity can be liable under the TCPA for calls made on its behalf, even if the person or entity does not directly place the calls,” the article stated.

This is not the first time that DISH has been accused of making unwarranted calls; in fact, back in 2009 the company settled a lawsuit with 48 state attorneys general for “unlawful telemarketing.” In addition, that year, DISH was also involved in a federal lawsuit with the Federal Trade Commission for making telemarketing calls to numbers on the Do Not Call list.

To see the complaint in full, click here now.

Jamie Epstein is a TMCnet Web Editor. Previously she interned at News 12 Long Island as a reporter's assistant. After working as an administrative assistant for a year, she joined TMC (News - Alert) as a Web editor for TMCnet. Jamie grew up on the North Shore of Long Island and holds a bachelor's degree in mass communication with a concentration in broadcasting from Five Towns College. To read more of her articles, please visit her columnist page.

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