Madigan Sues Dish Network For Violating Do Not Call List

By Marcus Gilmer in News on Mar 25, 2009 9:20PM

The DISH Network is now facing the wrath of state attorney general Lisa Madigan as well as the Federal Trade Commission and the U.S. Department of Justice. The group is suing DISH Network for failing to adhere to federal and state do-not-call telemarketer laws, something the Dish Network denies. The company said in a statement: "An independent audit demonstrates that DISH Network is in compliance with 'do-not-call' laws, has proper controls in place, and is well within the safe-harbor provisions of the law." Meanwhile, the FTC says DISH Network is actually one of the law's biggest violators based on complaints.

Added Madigan: "The Do Not Call laws are an important way to protect consumers. I have committed to working to enforce the Do Not Call registry's rules to ensure that businesses comply with the federal program in Illinois."

The suit, according to a release from Madigan's office, also alleges DISH violated Illinois law by using an automatic dialer with a prerecorded voice to place calls to residential phones without first obtaining the called party's express consent. Hundreds of consumers in Illinois, many of whom are listed on the Do Not Call registry, have complained about unwanted telemarketing calls from DISH or its authorized dealers.

The suit seeks a permanent injunction barring DISH from violating federal and state telemarketing laws and requiring DISH to control and monitor its marketers and dealers for compliance. It seeks various civil penalties allowable under the applicable laws, including up to $500 per violation of the Telephone Consumer Protection Act and up to $50,000 for violations of Illinois law.

If found guilty of violating the laws, companies could be punished with fines that reach up to $16,000 per individual violation. [CBS 2]