Dish Telemarketing Litigation Update
- Thread starter nelson61
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Well how can you sell a Product for a Company , but yet not be controlled by the company you're selling the product for?
Even if you are an independent contractor, you still have to answer to someone.
But in this case, It's not Dish Fault if a Retailer is breaking the law, Unless they had complete knowledge of the action.
Which by the sounds of it I'm not so sure they didn't know.
I can Honestly say, I've NEVER gotten a Phone call from anything to do with Dish.
Depends if Dish has specific rules demanding it. There are multiple cases that address this. I have one in my law book that is from Sears, where the contractor had explicit rules from Sears to do business a certain way, so Sears was found liable, and another where the contractor was given a parameter and operated completely separately from the hiring company, and thus the hiring company was not liable for the contractors actions. It all depends on how much control Dish has over these companies, to decide if they are liable or not. If Dish has detailed specifics on how the job is done then they are liable and responsible. If they say "get customers, here is a list of promotions, do what you got to do", then the 3rd party holds liability and responsibility. Law truly does amaze me and is beautifully intricate. I have thought about taking quite a few more law classes. I'd never want to be a lawyer because I don't hate myself, but law itself is a blast.Well how can you sell a Product for a Company , but yet not be controlled by the company you're selling the product for?
Even if you are an independent contractor, you still have to answer to someone.
But in this case, It's not Dish Fault if a Retailer is breaking the law, Unless they had complete knowledge of the action.
Which by the sounds of it I'm not so sure they didn't know.
I can Honestly say, I've NEVER gotten a Phone call from anything to do with Dish.
There was a lot of control of the retailers back then. Compliance was mandatory for fear of termination.
Many times I was reminded as a retailer I was responsible for those who worked for me, the same is true for the retailers who worked under Dish
Many times I was reminded as a retailer I was responsible for those who worked for me, the same is true for the retailers who worked under Dish
For the last 4 years from 2008-2012 Dish ran my life. Every day I had to do something at the request of Dish.
There is a fine line of what is considered an employee and an independent contractor.
When people specifically tell you how you have to run your business, and tell you what to do, your no longer an independent contractor.
I'm seriously going to research this on Monday and reach out to the state attorney generals involved in this suit. I'm sure they will be glad to talk to me.
We are on the same page about that line, but the fact is they have to prove that Dish crossed that line. So the question is can they prove it beyond a shadow of a doubt. And as far as you being a witness, it may be too easy to pit you as a bitter ex contractor that is out for revenge because you feel you are owed something. How true that is doesn't matter, all that matters is do you become a liability. I'm not speaking on behalf of Dish as a Pom Pom which I think you can agree on. I am speaking on behalf of what will be necessary to find Dish innocent or guilty, remembering that they are innocent until proven guilty, beyond a shadow of doubt. I feel the same way about the FTC and their BS lawsuit against DTV. Would love to see the FTC eat that crow when they have to attempt to move forward or drop it. It's a losing case, and hasn't moved since March 11, 2015
Is that in your law book? I've only heard of two standards. The criminal standard is "beyond a reasonable doubt". The civil standard is "by a preponderance of the evidence".
easy solution........... for the future.
if anyone gets telemarketed, all they need to do is end it forever.
complain to the parent organization who by law must end their business realtionship connection after x number of complaints
dish telemarketed and mailed me trash cans of junk even after i sent dish registered return receipt letter to stop.
verizon did the same thing.....
dish was harasing me many years after i cancelled service and notified them endlessely to leave me alone.
in fact recently i am probably getting a mail a week from dish to sub.
they by tripling the extra receiver fees, had let me know they didnt want me as a customer any more.
this was about the time their subscriber growth ended......
if anyone gets telemarketed, all they need to do is end it forever.
complain to the parent organization who by law must end their business realtionship connection after x number of complaints
dish telemarketed and mailed me trash cans of junk even after i sent dish registered return receipt letter to stop.
verizon did the same thing.....
dish was harasing me many years after i cancelled service and notified them endlessely to leave me alone.
in fact recently i am probably getting a mail a week from dish to sub.
they by tripling the extra receiver fees, had let me know they didnt want me as a customer any more.
this was about the time their subscriber growth ended......
So, you are personally responsible for the end to DISH's subscriber growth? You're good.
Someone took the maximum penalty and did the math. In reality, sentences rarely approach that. It's no different than someone in the media saying VW could be fined what, $7 billion ? It sounds better in headlines....
Yall need to read the laws and rules involved. If Dish hires an outside company to make telemarketing calls for them then under the specific laws relating to Do-Not-Call lists Dish is just as culpable as the company they hired. It's a specific law for this specific situation. This is one time when the "We didn't know what they were doing." loophole was closed up from the git-go. You hired em, you're responsible.
But the question. Did Dish hire them to make telemarketing calls, or did Dish hire them as contractors to sell their service and pay them a commission... It's one thing to hire a telemarketing company, it is another to hire a company to sell, that has their own business rules.
Yup. --All Dish has to do is reference precedence. Since the Wall Street Bankers defense was " it was not me, I just thought we were brilliant businessmen and did not know what the "underlings" were doing", Dish should be able to do the same thing.
