Tuesday, January 17, 2006

 

Texas issues DNC warning to Dish Network

Posted at San Antoino Business Journal

PUC issues warning to Dish Network over do-not-call violations
Catherine Dominguez

Satellite television provider Dish Network has 20 days to rectify or contest allegations that they violated Texas No-Call list regulations over a nine-month period in 2005.

ยป DISH Network

In a Jan. 3 letter, legal staff members of the Public Utility Commission of Texas notified the Englewood, Colo.-based company, which provides services in San Antonio, that the regulator had received numerous reports of violations from Texas residents.
If the company is found to have indeed violated the Texas Business and Commerce Code's No-Call list regulations, it could be fined $1,000 for each violation. Additionally, the letter states that Dish Network failed to purchase the Texas No-Call lists published in March, June and September 2005.
According to the PUC Substantive Rule 26.37 (d)(2), telemarketers are required to purchase the Texas No-Call list, which is published every 60 days. Failing to purchase the list carries a fine of $750 for each violation.
The Texas No-Call list was established through Texas House Bill 210 and became effective in January 2002. The law allows a Texas resident to place his or her name, address and telephone number on this list, to identify themselves as a consumer who does not wish to receive telemarketing calls. The list prevents telephone solicitations to residential and wireless phone numbers from all telemarketers operating in Texas.
Serious warning
According to a memorandum sent by PUC staff members to W. Lane Lanford, executive director of the PUC, this is not the first time the company has violated the statute.
"Commission staff issued a letter to Dish Network in February 2005 reminding the company of its obligation related to the Texas No-Call list and warning the company that additional non-compliance could lead to an enforcement action by the commission," the memorandum states. "Since the issuance of that letter, staff has determined that Dish Network has continued to engage in telemarketing activities and, based upon information received from customer complaints, made 14 prohibited calls during the period March 2005 to November 2005."

The company could face a fine up to $17,000 for the violations.
"Now that this letter has been sent to us, we will investigate (the allegations)," says Marc Lumpkin, spokesman for Dish Network. "Our legal department will get involved and investigate it."
Lumpkin says Dish operates two large call centers in Texas located in Harlingen and El Paso, but says the company does not make telemarketing calls from those locations. He explains that Dish Network has independent satellite television retailers throughout the state that purchase Dish Network equipment and resell it. Dish Network customers subscribe to their satellite service through those retailers.
Some of those retailers do make telemarketing calls and, Lumpkin adds, have violated the Texas No-Call list in the past despite Dish Network's efforts to follow all rules and regulations of the state.
"We educated them on that," he says. "They have to follow all laws. They have to adhere to all local, state and national codes regarding do-not-call lists and they cannot violate them. If they do, they face possible termination as a Dish Network retailer."
Lumpkin says Dish Network, as a company, follows state do-not-call list regulations. He said exceptions to the laws allow the company to call current and former customers, including those with outstanding statements.
"As a general rule, we don't call out (to new customers). We take call-ins," Lumpkin says. "The independent retailers do all sorts of marketing activities."
Dish Network, an EchoStar Communication Corp. subsidiary, provides Direct Broadcast Satellite television products and services to 12 million customers nationwide.

Comments:
I live in California and Dish Network has been repeatedly calling me for the last 6 months or so, despite my repeated insistance that they place me on the Do Not Call list. Tonight, after receiving two calls (obviously from a call center in India) I called Dish Network directly and spoke to a supervisor. She informed me that I am on their Do Not Call this, and that they weren't calling me? I can tell you that I will never get Dish Network...
 
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