Dish Will Continue Violating Telemarketing Rules Without Injunction, DOJ, FTC Say

Dish Network will likely keep violating the Telemarketing Sales Rule (TSR), requiring injunctive relief, DOJ and the FTC said in a proposed conclusions of law filed Tuesday in U.S. District Court in Springfield, Illinois, in advance of the second phase of the lawsuit alleging robocall violations by the company (see 0903260144). The agencies said in the filing (in Pacer) that the likelihood of future Dish violations is proven by 165 million violations it committed between 2003 and 2011, its failure to show that during that time it identified or tried to correct the underlying TSR problems and its ability to use such marketing tactics to continue selling its offerings. They said the company hasn't provided any evidence that would let them and the court evaluate current practices. "Fencing-in relief is appropriate against Dish's internal telemarketing operation because it admitted ... that 'mistakes' were made but never offered a competent explanation for how it came to commit so many violations of the TSR and what it did to ensure additional violations did not occur," DOJ/FTC said, adding that their proposed five-year telemarketing ban on the company would give it "time to rebuild its systems so it can comply with the law." They said the ban on Dish's accepting new orders from past or current Order Entry retailers until it ensures those retailers aren't violating telemarketing laws is justifiable given that OE retailer system "has been rife with shady, illegal practices" since it signed up its first OE retailer in 2003. The satellite-TV provider didn't comment Wednesday.