Frequently Asked Questions
- What is the lawsuit about?
- I have submitted a claim. How can I determine if I will be paid?
- How can I determine how much I will be paid?
- The Final Distribution Order lists an incorrect address. How can I correct this?
- My name is not on the Final Distribution Order. Will I be paid?
- I am a family member of a deceased person whose name is on the Final Distribution Order. Can I receive his/her payment?
- When will I receive my payment?
- How do I submit my IRS Form W-9?
- Why must I complete an IRS Form W-9 to receive the full amount of my payment?
- What if I am on the Final Distribution Order but do not send KCC an IRS Form W-9?
- Will my tax information be kept confidential?
- Where can I get more information?
- How will my Social Security Number and personal information be used?
- Why did I only receive a partial payment?
- My name has recently changed. How do I receive the payment?
- When will full payments be mailed?
- Will I be taxed on the payment?
- I am unable to deposit the check. What do I do?
- What is the lawsuit about?
In 2014, a consumer named Thomas Krakauer brought a lawsuit 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 between May 2010 and August 2011.
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. After deducting payment for attorneys’ fees and litigation costs, and including interest, the amount class members will receive for each call is $812.99.
Top - I have submitted a claim. How can I determine if I will be paid?
You can check the Final Disbursement Order to see if your name is on the attached order here.
Top - How can I determine how much I will be paid?
Next to your name on the Final Distribution Order is a column that shows the number of calls that you received during the class period. You will receive one $812.99 for each call you received during the class period. So, for example, if you had two calls, you will receive $1,625.98 (two calls, times $812.99). You should check the Final Distribution Order to see that it lists your correct address.
Top - The Final Distribution Order lists an incorrect address. How can I correct this?
If the address on the Final Distribution Order is incorrect, please request an address update by emailing the Claims Administrator at KrakauerLitigation@kccllc.com with the name on the claim, original address, new address and at least one current form of documentation that includes both the name on the claim and the new address, such as a utility bill, phone bill, bank statement, etc.
Top - My name is not on the Final Distribution Order. Will I be paid?
If your name is not on the Final Distribution Order, you will not be paid through the judgment.
Top - I am a family member of a deceased person whose name is on the Final Distribution Order. Can I receive his/her payment?
Maybe. If you are a family member of a deceased person whose name is on the Final Distribution Order, click here to complete a Deceased Declaration Form.
Top - When will I receive my payment?
The Claims Administrator will mail checks to Class Members on July 9, 2021.
Top - How do I submit my IRS Form W-9?
You may complete the form that was mailed to you on March 12, 2021 or with your check on July 9, 2021, or you may click here to submit the Form W-9 online, using your ClaimID and PIN.
Top - Why must I complete an IRS Form W-9 to receive the full amount of my payment?
The IRS requires that payments of over $600 be reported to the IRS for tax purposes. The Court-appointed claims administrator can only report the full amount of your payment to the IRS if the administrator has your full social security number. Additionally, the information you provide on the IRS Form W-9 must match the IRS records for the IRS Form W-9 to be valid.
Top - What if I am on the Final Distribution Order but do not send KCC an IRS Form W-9?
Under the Final Distribution Order, if you are entitled to payment but do not give KCC a signed IRS Form W-9, you will receive a check for $595. You will then have 90 days to provide KCC with a signed form W-9. If you do so, you will receive the balance of your payment.
Top - Will my tax information be kept confidential?
Absolutely. The information will be retained only by the Claims Administrator, and will not be supplied to any party or filed with the Court.
Top - Where can I get more information?
You can review the Notice and Court Documents or, if you still have questions, you can also Contact Us.
Top - How will my Social Security Number and personal information be used?
The claims administrator will only use this information to report the payment you received to the IRS. No one else will use it or access it.
Top - Why did I only receive a partial payment?
You received a partial payment because the claims administrator does not have your completed IRS Form W-9, or because your completed IRS Form W-9 could not be matched to IRS records. Therefore, the claims administrator cannot notify the IRS of your payment amount. Without a properly completed IRS Form W-9, the claims administrator cannot send you your full payment.
Top - My name has recently changed. How do I receive the payment?
Please attempt to have the check deposited by your bank if possible. If you are unable to have the check deposited, please email proof of your name change to KrakauerLitigation@kccllc.com. Proof of your name change includes, for example, photo ID, marriage license, or Court Order.
Top - When will full payments be mailed?
Full payments will be issued on July 9, 2021 to those who submitted valid IRS Form W-9s. Follow-up payments to those who were issued partial payments on July 9, 2021 will likely be issued in October/Nover 2021.
Top - Will I be taxed on the payment?
You should consult a tax professional for tax advice. We are not tax professionals and cannot provide tax advice.
Top - I am unable to deposit the check. What do I do?
Please send an email to KrakauerLitigation@kccllc.com to explain the issue and to request a replacement check as needed.
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