DOJ, FTC Continue Push for Dish Telemarketing Injunction

The traditional equitability test for issuing a statutory injunction doesn't apply in the issue of whether there should be a telemarketing sales rule (TSR) injunction against Dish Network, said the DOJ and FTC in a proposed responsive conclusions of law (in Pacer) for the second phase of the robocall violations trial, filed Wednesday in U.S. District Court in Springfield, Illinois. DOJ/FTC said given the evidence Dish and its retailers repeatedly violated TSR for years, "future violations are not just likely; they are all but assured." The government said Dish claimed catastrophic private effects on its business from such an injunction (see 1604190004), but precedent indicates public equities -- which "favor a broad, strong injunction in this case" -- must receive more weight. DOJ/FTC said even if Dish were right in its assertions that civil penalties could take the place of injunctive relief, that also runs contrary to arguments the company has made against any civil penalties or injunctive relief. The mandatory injunction issue was bifurcated from the rest of the trial that ended Feb. 24 on robocall allegations brought by the federal government and California, Illinois, North Carolina and Ohio (see 0903260144).