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Judge rules in favor of plaintiff who claims he received more than 30 telephone calls from Dish Network within an eight-month period, despite the fact that he was not, nor had ever been, an account holder with the company.

CHARLESTON, W.Va. (PRWEB) October 21, 2014

Charleston-based attorney Harry F. Bell, Jr., managing partner of The Bell Law Firm, in partnership with Tampa law firm Morgan & Morgan, has secured a favorable decision for Chester Moore, who filed suit against Dish Network in the Northern District of West Virginia Martinsburg, for unwarranted phone calls it made to his number in 2012. (Civil action no. 3:13-CV-36) (1)

"We are very pleased that our team was able to get the court to agree these calls were clearly in violation of the law, Bell said.

In a ruling issued October 16, Judge Gina Groh found that Dish Network had committed numerous violations of the federal Telephone Consumer Protection Act (TCPA) by calling Moore 31 times in an attempt to collect a debt from a former Dish customer to whom Moores cell phone number was previously assigned. (2)

The court awarded triple damages to Moore for numerous calls he received from Dish, even after he called the company several times to clarify that he was not the former customer. (3) Moore had never been a Dish customer, he simply had been assigned a phone number belonging to a former Dish account holder. (4)

The court awarded Moore $500 for each of 24 unwanted calls, and $1,500 for each of seven calls he received after notifying Dish that he was not the person the company was trying to contact. (5)

The TCPA prohibits companies from making calls using an automated dialing system or artificial or prerecorded voice to cell phone customers, unless the call recipient has given prior consent or the call is made for emergency purposes. (6)

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Plaintiff Represented by The Bell Law Firm Awarded Triple Damages in Suit Against Dish Network