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January 30, 2012
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Consumer Law News

 

DirecTV To Pay $5.3 Million Penalty For Do Not Call Violations

Satellite television provider DIRECTV will pay $5,335,000 to settle FTC charges that, since October 2003, DIRECTV and companies it hired to promote DIRECTV programming have been violating the Do Not Call (DNC) provisions of the Commission’s Telemarketing Sales Rule (TSR). This is the largest civil penalty the FTC has ever announced in a case enforcing any consumer protection law.

At the Commission’s request, the U.S. Department of Justice (DOJ) filed the complaint and stipulated settlements in Federal District Court in Los Angeles. The complaint names as defendants DIRECTV, five firms that telemarketed on its behalf, and six principals of those telemarketing firms. Settlements with DIRECTV and two of the telemarketing firms and their principals were filed along with the complaint.

Terms of the Court Orders:
The FTC announced proposed stipulated final orders with DIRECTV and two telemarketers, Communications Concepts and its principal and American Communications of the Triad and its principal.

The first order requires DIRECTV to pay $5,335,000 in civil penalties. The proposed settlement agreement also prohibits DIRECTV, whether acting directly or through its authorized telemarketers, from violating the TSR. The proposed settlement tracks the relevant Telemarketing Sales Rule provisions, prohibiting calls to consumers on the DNC Registry, calls to consumers who asked not to receive calls on behalf of a particular seller, and abandoned calls.

The proposed settlement also requires DIRECTV to terminate any marketer of its products who DIRECTV knows or should know is making cold calls to consumers without express, written authorization from DIRECTV. The proposed settlement also prohibits DIRECTV from assisting and facilitating any telemarketer it knows or consciously avoids knowing is violating the Telemarketing Sales Rule. Finally, the proposed settlement imposes extensive monitoring requirements on DIRECTV mandating that the company oversee those marketers selling its goods or services.


 

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Warranties and guarantees are a manufacturer’s or seller’s promise to stand behind its product or service.


 


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Consumer Law Terms

 


Today's Terms

Better Business Bureaus BBB

Definition:
Better Business Bureaus (BBBs) are nonprofit organizations supported primarily by local business members. The focus of BBB activities is to promote an ethical marketplace by encouraging honest advertising and selling practices, and by providing alternative dispute resolution.

Billing Error

Definition:
Any mistake in your monthly statement as defined by the Fair Credit Billing Act.

Lessee

Definition:
The party to whom the item is leased. In a consumer lease, the lessee is you, the consumer. The lessee is required to make payments and to meet other obligations specified in the lease agreement.

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Consumer Law Hot Topics

 


Topics Related to Consumer Law:

  • Unfair Contracts
  • Consumer Fraud
  • Banking Issues (including Credit)
  • Motor Vehicle Contracts
  • Public Transport Discrimination
  • Price Discrimination
  • Car/Appliance Repairs
  • Unfair Trade Practices

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New Mexico Consumer-Law Attorney

 
If you live in the following cities and need an Consumer-Law attorney you should contact our Consumer-Law Attorney as soon as possible:

  • Alamogordo
  • Albuquerque
  • Anthony
  • Artesia
  • Aztec
  • Belen
  • Carlsbad
  • Clovis
  • Deming
  • Edgewood
  • Espanola
  • Farmington
  • Gallup
  • Hobbs
  • Las Cruces
  • Las Vegas
  • Los Alamos
  • Los Lunas
  • Portales
  • Rio Rancho
  • Roswell
  • Santa Fe
  • Shiprock
  • Silver City
  • Taos
 


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