Dish Renews Class Membership Arguments in TCPA Verdict Appeal

Dish Network can't be blamed for the actions of "a rogue contractor," but the lower court was more interested in punishing Dish than in correctly defining the class of class-action plaintiffs who received telemarketing calls, the company said in a 4th U.S. Circuit Court of Appeals opening brief (in Pacer, docket 18-1518) Thursday. Dish also said plaintiffs Thomas Krakauer and others should sue the party that made the calls, Dish contractor Satellite Systems Network, for the alleged Telephone Consumer Protection Act violations. Dish is seeking a decertification of the class and reversal or vacation of the $60 million judgment. Krakauer counsel didn't comment Friday. Dish and the plaintiffs repeatedly clashed over class membership issues before the U.S. District Court in Greensboro, North Carolina (see 1801040009).