Dish Calls Analysis Evidence in FTC Court Case 'Trial by Ambush'

Dish Network is fighting to have a piece of evidence excluded as the company went on trial Tuesday in a federal courtroom in Illinois on robocall claims. In a motion filed Tuesday in U.S. District Court in Springfield, Dish said an analysis of more than 1 million calls disclosed by the plaintiffs -- produced just days before the trial started Tuesday -- is an effort by the plaintiffs "to prevent Dish from having a fair opportunity to determine whether this ... is as flawed as the previous two [analyses]." Dish is being sued by the FTC and California, Illinois, North Carolina and Ohio over alleged violations of the telemarketing sales rule as Dish helped dealers use robocalls to deliver prerecorded messages (see 0903260144). Calling the analysis "a clear 'trial by ambush' tactic," Dish said in its motion the analysis either shouldn't be allowed to be entered or the trial should be adjourned to give Dish more time to review it. U.S. District Judge Sue Myerscough didn't rule on the motion and the trial began Tuesday, a Justice Department spokeswoman said. The DOJ declined to comment on the Dish motion.