Dish, DOJ/FTC Clash Over Settlements in TCPA Litigation
Dish Network and government plaintiffs are butting heads over the significance of recent FTC Telemarketing Sales Rule (TSR) cases. In a response (in PACER) filed Tuesday in U.S. District Court in Springfield, Illinois, the plaintiffs called Dish's citation of the…
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TSR case settlements "irrelevant [and] a waste of this Court's and the Plaintiff's time and resources" since the civil penalties phase of the trial on alleged Telephone Consumer Protection Act violations has been over for 14 months. The plaintiffs -- the DOJ, FTC and states of California, Illinois, North Carolina and Ohio -- said Dish keeps arguing it should get similar settlement terms as seen in other, unrelated cases, but "Dish has not settled this case" and the civil penalties amounts in a settlement aren't related to the civil penalties amounts in a litigated order. Dish, in its motion (in PACER) for judicial notice Friday, said the settled FTC cases -- FTC v. Ramsey and FTC v. Jones -- both saw the vast majority of proposed fines against those making robocalls being suspended and it was submitting them to show "what the FTC views as appropriate in seeking venalities for TSR violations."