Last month a federal court found Dish Network liable for calls that were alleged by the Federal Trade Commission (“FTC”) to violate various provisions of the FTC’s Telemarketing Sales Rule (“TSR”).  Specifically, the FTC’s 2009 complaint asserted that Dish Network initiated, or caused a telemarketer to initiate, calls to numbers on the National Do Not Call (“DNC”) Registry and to consumers who previously declined to receive such calls whose numbers were on Dish Network’s entity-specific do-not-call list or were marked “DNC” by a telemarketing vendor.  The FTC also alleged that, in violation of the “abandoned-call” provision of the TSR, Dish Network abandoned or caused telemarketers to abandon phone calls.  In its complaint, the FTC seeks monetary civil penalties from Dish Network for every violation of the TSR, for which the court is entitled to award up to $16,000 for each violation.  At issue are tens of millions of calls, making the potential level of damages to be awarded at the trial stage staggering.
Continue Reading Court Finds FTC Entitled to Partial Summary Judgment Against Dish Network for Telemarketing Violations

Last week, the governor of Connecticut signed into law a new requirement that extends compliance with the state’s existing Do-Not-Call registry to promotional text messages (SMS).  Specifically, the law amends the definition of a “telephonic sales call” to include a “text or media message sent by or on behalf of a telephone solicitor,” thereby prohibiting

Earlier this week, the FCC announced that mobile wireless company Sprint will pay $7.5 million to resolve allegations that the company failed to honor consumer requests to be placed on Sprint’s entity-specific Do-Not-Call list.  The settlement represents the largest of its kind between the FCC and a carrier.

Through this settlement agreement, which follows

New York has amended its Do Not Call law to cover automated telephone calls that deliver pre-recorded messages–so-called “robocalls.”  The New York law generally prohibits businesses from making “telemarketing sales calls” to consumers who have registered their telephone numbers on the national Do Not Call Registry, which is administered by the FTC and FCC. 

The heart