Dish TCPA Decision Is Significant for Its Holding

$280M Dish TCPA Penalty May Make Settling More Attractive
– Law360
Law360 interviewed Manatt’s Christine Reilly, chair of the firm’s TCPA compliance and class action defense practice, for an article on the record $280 million penalty Dish Network incurred in a suit brought by the FTC and several states over millions of unlawful telemarketing calls.
 
The publication reports that the decision is likely to embolden both regulators and private plaintiffs, as well make telemarketers more leery of fighting TCPA claims.
 
"Ginormous penalty aside, the Dish decision is significant for its holding," said Reilly. "Dish was held responsible for the acts of third-parties over which Dish could exercise control and not necessarily those that it did, in fact, control. That is an important distinction."