Right now, we don’t know. DISH has appealed the jury’s verdict. The appeals court has established a briefing schedule, and the briefing will conclude in November 2018. The appeals court likely will not enter a decision until 2019.
If you submitted a Payment Form and listed a class telephone number on the form, your claim is being evaluated. You should receive a letter about this claim from the Claims Administrator by August 10, 2018. The letter will tell you whether the Claims Administrator has found your claim to be valid or invalid, and will include other important information about the claims process.
No claims will be paid unless the appeal is resolved in favor of the class members, or unless there is a settlement.
You should check this website periodically for updates on the status of the case.Top
If you received a notice and payment form in the mail, records show that you or someone in your household had a telephone number that received a telemarketing call in 2010-2011 to sell DISH Network subscriptions.
The calls were placed between May 11, 2010 and August 1, 2011.
However, the claims period has closed. That means no more claims can be submitted. Claims that were submitted by the deadline (June 18, 2018) are being evaluated.Top
In 2014, a consumer named Thomas Krakauer brought a lawsuit in in North Carolina federal district court against DISH. He claimed that a DISH authorized retailer illegally made telemarketing calls to him while his number was on the national Do Not Call Registry, and that DISH was responsible for those calls. The judge allowed the case to be brought for a group of consumers—called a class action—who also received DISH telemarketing calls.
After a trial in January 2017, a jury found that DISH was liable for calls placed by the retailer to certain telephone numbers on the Do Not Call Registry. The jury, however, did not determine the identity of class members who should receive an award. The potential maximum payment amount for each call is $1,200. The Court will reduce that amount by some percentage to pay the attorney’s fees and costs requested by the lawyers who tried the case for the class.Top
Persons with one of the 18,066 telephone numbers that received these telemarketing calls are eligible to receive a payment.
You can see if your telephone number is one of the 18,066 telephone numbers by going to the Telephone Lookup Form and entering your telephone number.
However, the claims period has closed. Claims that were submitted by the deadline (June 18, 2018) are being evaluated.Top
The potential maximum payment amount for each call is $1,200. The Court will reduce that amount by some percentage to pay the attorney’s fees and costs requested by the lawyers who tried the case for the class.
However, because DISH has the right to appeal the jury’s verdict, no person is guaranteed payment.Top
The Court will reduce the payment amount ($1,200 per call) by some percentage to pay the attorney's fees and costs requested by the class lawyers who tried the case.Top
Nothing. But this does not necessarily mean you will receive a payment. DISH has appealed the jury's verdict. The appeal process likely will not be complete until early 2019. No claims will be paid unless DISH loses its appeal, or unless DISH decides to settle the case.
Also, DISH can challenge the determination that your claim is valid. The Court has established procedures for DISH to do so. The lawyers for you and the other class members will oppose DISH's challenge and will represent your interests in that process. In the end, the Court will need to decide whether your claim is valid. That determination likely will not be made until December 2018.Top
As the letter states, you have 30 days from the date of the letter to object to that determination. You may email or write the Claims Administrator at the addresses below to let them know that you object. You must state the complete basis for your objection. The objection must be specific to your claim and not address any issue other than whether you are the appropriate person to receive any damages award in the case. Your objection may not be longer than two pages. If you do not send an objection, the determiniation your claim is invalid will be final, and you will not receive any payment.
Dish Network Class Action Claims Administrator
c/o KCC Class Action Services
P.O. Box 404017
Louisville, KY 40233-9817Top
No. Only persons who had the 18,066 telephone numbers in the case will receive payments.Top