District Court Denies Dish Ask for Modification of $280 Million TCPA Verdict
Dish Network hasn't shown errors in seeking to have a $280 million Telephone Consumer Protection Act verdict amended or altered (see 1708010010), U.S. District Judge Sue Myerscough of Springfield, Illinois, said in order (in Pacer) Thursday denying the Dish motion.…
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Myerscough, in a sister order (in Pacer) addressing Dish motions to alter or amend or clarify the injunction order against it and to extend time to comply, modified language of the injunction but otherwise denied the company's motion to alter. The judge said the verdict covers all telemarketing by Dish, including future products, including any for its spectrum holdings, and denied several requests for limits or tweaks to the injunction order terminology or boundaries, though it approved others. The court OK'd the extension. Dish said it "appreciate[s] the clarifications made to the injunction [but] respectfully disagrees with the Court’s denial of the motion to amend the findings of fact and conclusions of law. The amounts awarded in this case radically and unjustly exceed, by orders of magnitude, those found in the settlements in similar actions, notably against DirecTV, Comcast and Caribbean Cruise Lines. DISH is being held responsible for telemarketing activities conducted by independent third-parties, including in circumstances where such third-parties intentionally hid their telemarketing efforts from DISH. We intend to appeal.”