Dish Network and Legal Disputes

tds4182

SatelliteGuys Pro
Original poster
Sep 7, 2003
419
0
Kingwood,Texas
There's a new post today about the FTC suing Dish over the "no call rule."

Is it just my imagination or does Dish (Charlie Ergen) seem to almost revel in getting involved in legal disputes of one kind or another with various governmental agencies and/or program providers?

You don't seem to see as much info about D* being involved in these type situations.
 
Plenty of companies get sued. Just becuase we are following the satellite industry, we notice Dish lawsuits more.

In reality, Dish has only a few legal battles

Tivo
Voom
Fisher Communications
The FTC (new)

Not much when you put them on the table.

The Fox suit is, I imagine, settled now that Fox News is in Classic Bronze 100.

DirecTV has had their own problems with the Do Not Call Registry

http://www.satelliteguys.us/directv...-million-do-not-call-violations-time-ftc.html
 
I believe that DirecTV was sued by the FTC a few years ago for the very same thing.

Yes they were and I believe they settled for around 5 mill. It also led them to add a new clause to their retailer contracts stating that a retailer can not participate in any form of out bound telemarketing. If the retailer is in violation it will mean instant termination.
I'm sure we'll see the same thing on the Dish side when the dust settles.

But Dish is the only company EVER to not agree to settle the no-call list suit. Charlie has to have new games to play...:rolleyes:

:up +1
 
The suit was just filed. It hasn't come close to going to court. There could yet be a settlement.

I believe this is a first over the DNCL. I believe ALL other companies had settled with the FTC/the local states before suits are even filed while they are in the complaint stage with the FTC.
 
But Dish is the only company EVER to not agree to settle the no-call list suit. Charlie has to have new games to play...:rolleyes:

That's what really grabbed my attention when I read the article. Who in their right mind wants to do battle with the federal government if there is a chance for settlement unless you are 100% sure of victory and I doubt that's the case here as they must have a lot of crap to call them the biggest abuser of the no call list ever.
 
Tivo
Voom
Fisher Communications
The FTC (new)

It's not just the FTC, it's the FTC and several states.

and a class action lawsuit for termination fees after they dropped CBS and Viacom in 2004...

and a patent infringement lawsuit for a, "Method for Receiving Signals from a Constellation of Satellites in Close Geosynchronous Orbit” in 2008...

and a breach of contract lawsuit by Fisher communications...

and they were sued by Charles Barkley over an ad campaign...

and they were sued by John Madden over an ad campaign...

and HBO/Cinemax sued them in 2007...

and I believe that the NFL filed a lawsuit against them when their channels were moved to another tier...

and it looks as if they will soon be hit with a deceptive practices class action lawsuit related to their TV converter boxes...


Of course there are others, including the ones that they have filed.

Mario
 
The FTC should leave Dish alone and track down the telemarketers that keep calling me about Auto Warranties. When you answer their phone call and you ask them to stop calling they just hang up on you.
 
Its just that this board follows Dish and so every hiccup and lawsuit regarding Dish is hashed about here. Comcast, TWC--Hey all the cable and sat companies out there have LOTS of lawsuits in which they are the defendants. Comcast is well know for its VERY hardball tactics. Gemstar TV Guide sued everybody a few years ago claiming patent infringement. While others settled, Dish choose to fight that one and WON! Dish also prevailed as a defendant in another lawsuit of patent infrequent very recently, but I forgot the name of the company who brought the suit. [Edit: I remember that it was Forgent who sued and several other companies settled, but Dish fought and won!]

Yes, Charlie believes that if he is in the "right" or is being leveraged with a lawsuit, meaning that the claim of the plaintiff is false, then he chooses to fight about 99% of the time and will take the case as far as it can go. However, contrary to what some people on this board say, Charlie has settled his share of cases. The Gemstar/TV Guide case was sent back for retrial, and 2 weeks later the parties settled. Now we have to live with the TV Guide bug, the TV guide channel and a few other things, and Charlie paid hundreds of millions, but Dish did get a "lifetime" license to TV technology. I know there were some other cases when he choose to settle, but I can't recall them. Direct TV has probably just as many suits as defendants as Dish does. Direct TV was also sued by a different company (they were sued by Gemstar/TV guide for this, as well) claiming that Direct TV infringed on the patent relating to their EPG. Dish was also sued by a yet different company claiming patent infringement of their EPG by channeling the license through Europe. Dish fought that one and WON that one, as well.

So, it is not your imagination that Dish keeps getting sued, but you need to expand your imagination to include the sad fact that all the cable and sat companies have just as many lawsuits slapped on them. Now, if you want to count the lawsuits that they all are slapped with when the drop a channel, then the suit is dropped once they agree to a price and reinstate the channel, then you've really got a lot of lawsuits. It is all a sad game.
 
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E* can still settle, but there is no telling why one can not go against the States and the Fed and win. The settlement is flawed IMHO because a company is responsible for all the calls made by its detailers--whoever sells its products. Any one retailer violates the settlement must be terminated, to me that is too much a restriction, not a proper interpretation of the law.

Punish the retailer, not the company. What if the retailer sells E*, D*, Comcast, Sony...all at the same time, how do you determine which manufacture to terminate?

As far as lawsuits, E*, like all large companies have many lawsuits going on at any given time, the only difference is as some had pointed out, Charlie does not like to settle, so some of the big ones get on the news all the time because they go on and on.
 
Forgent sued just about everybody (DVR manufactures, Motorola, et al.) claiming they all infringed on the Forgent patent. Several of the companies settled, but Dish fought and prevailed.
 
Like I said before, Charlie aint stupid!

With Directv, you slap them with a lawsuit and they are quick to settle and will quietly make it go away. Dish on the other hand will fight it till the end...

If you put up a fight everytime, people are less likely to sue you in the future.

Its just like I got one a$$hole customer who I never even did business with hit me with a lawsuit over being charged a cancellation fee from Dish. Figured for a few hundred dollars I would settle it before it went to court to make it go away, the guy was a little surprised when he got a call from my lawyer to call his bluff
 

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