On February 17, the Court in United States of America v. Dish Network, LLC reconsidered a portion of its opinion granting partial summary judgment for the United States for tens of millions of calls made by Dish Network in violation of state and federal telemarketing laws. The Court found that it erred by determining liability for roughly 2.38 million calls, which third-party retailers acting on behalf of Dish Network allegedly made to people who were on a Do Not Call list as we previously discussed. On reconsideration, the Court determined that an issue of fact existed as to whether Dish Network had an agency relationship with the third-party retailers and that, if there was no agency relationship, Dish Network did not have an obligation to honor the Do Not Call requests made to the third-parties. The Court stated that whether Dish Network in fact had an agency relationship is an issue of fact for trial. The Court also stated that its order only vacated its prior holding with respect to the 2.38 million calls, and reaffirmed its decision that tens of millions of other telemarketing calls made by Dish Network violated the law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.