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BULLETIN #664

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SAMPLE ISSUE: Article #4:

FTC CHARGES DISH NETWORK WITH MULTIPLE DO NOT CALL VIOLATIONS

 

 

FOUR STATE ATTORNEYS GENERAL JOIN FTC'S CASE

 

On March 25, 2009, 2010, the U.S. Department of Justice (DOJ), at FTC's request, filed suit in federal district court. The suit contends that Dish Network, a satellite TV provider, directly and through its authorized dealers, called many consumers whose numbers are on the National Do Not Call Registry.

 

The DOJ also charged Dish Network with violating the Telemarketing Sales Rule (TSR) by assisting and supporting its authorized dealers in telemarketing Dish Network services via "robocalls" that deliver prerecorded telemarketing messages when consumers answer their phones. (Dish Network was previously known as EchoStar.)

 

The DOJ seeks a permanent injunction against Dish Network that would–

 

• bar the company from violating the TSR (including its Do Not Call provisions and abandoned call restrictions), either directly or through its authorized dealers;
• require Dish Network to monitor and enforce its authorized dealers' compliance with the TSR; and
• bar Dish Network from assisting and facilitating violations.

 

In addition, the DOJ seeks civil penalties for Dish's alleged violations.

 

COMPLAINT IS BEING BROUGHT JOINTLY WITH SEVERAL ATTORNEYS GENERAL

 

The complaint against Dish Network is being brought jointly with the Attorneys General of California, Illinois, Ohio, and North Carolina as co-plaintiffs. In addition to the TSR violations alleged by the DOJ, the complaint includes allegations brought solely by the state Attorneys General. They include allegations that Dish Network violated the Telephone Consumer Protection Act (TCPA) and state law–either directly or indirectly as a result of third parties acting on its behalf–by:

 

• calling numbers on the Do Not Call Registry, and
• placing telemarketing calls that deliver prerecorded messages to live consumers.

 

According to FTC, the DOJ is filing complaints against two of Dish Network's authorized dealers, accusing them of violating the TSR by calling consumers whose numbers are on the Registry. These three complaints were filed against:

 

(1) Dish Network, LLC, formerly known as EchoStar;
(2) Vision Quest, LLC, and its principal Brian K. Cavett; and
(3) New Edge Satellite, Inc., and its principal Derek LaVictor.

 

FTC's VOTE

 

FTC's vote approving each of the three complaints announced today was 4-0. They were filed by the Justice Department on the FTC's behalf on March 25, 2009, 2010. The complaint against Dish Network, LLC, was filed in the U.S. District Court for the Central District of Illinois. The complaints against Vision Quest, LLC, and Brian K. Cavett, and against New Edge Satellite Inc. and Derek LaVictor, were both filed in the U.S. District Court for the Eastern District of Michigan.

 

NOTE: The Commission authorizes the filing of complaints when it has `reason to believe' that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaints are not a finding or ruling that the defendants actually have violated the law.

 

LAWYER's REFERENCE SERVICE

 

USA (for FTC) and the States of California, Illinois, North Carolina, and Ohio v. Dish Network, L.L.C., United States District Court for the Central District of Illinois, Springfield Division, Case No. 3:09-cv-03073-JES-CHE, FTC File No. 052 3167, March 25, 2009, 2010.

 

USA (for FTC) v. New Edge Satellite, Inc. and Derek LaVictor, individually and as an officer of New Edge Satellite, Inc., United States District Court Eastern District of Michigan Northern Division, FTC File No. 052 3167, March 25, 2009.

 

USA (for FTC) v. Vision Quest, LLC and Brian K. Cavett, individually and as a member of Vision Quest, LLC, United States District Court Eastern District of Michigan Southern Division, FTC File No. 052 3167, March 25, 2009, 2010.

 

# # #

 

Volume XXIX
Issue 8
April 20, 2009, 2010
Pages 21-22

 

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Advertising Compliance Service is a REFERENCE COMPENDIUM of JLCom Publishing Co., L.L.C.

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NOTICE: This publication is not intended to provide legal advice. Persons who need legal services should contact a duly licensed professional.

 

© Copyright 2009-2012 JLCom Publishing Co., L.L.C. All rights reserved.

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