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DirectTV to Pay $5.4M in Privacy Fines
abscissa writes "Remember the do-not-call registry? DirecTV is in big trouble for violating the list, and faces the largest civil assessment ever obtained of $5.4M for harassing people over the phone at home and ignoring the registry. Although it looks like DirecTV was outsourcing all their telemarketing (obviously), the FTC recieved 1.4 million complaints, the biggest category of do-not-call violations ever recieved." From the article: "Majoras was quick to emphasize that the most important part of the settlement is that it sends a warning to companies that they cannot hire telemarketers and then turn their backs on whether or not the rules are followed."
there was a famous case with ATT but it looks more like an FTC fine than a lawsuit.
try { do() || do_not(); } catch (JediException err) { yoda(err); }
Isn't it DirecTV, not DirectTV?
It takes 1.4 million complaints to get action over the DNC list then I would say the DNC list is somewhat of a failure.
I'm going to guess that CNN jammed together some facts - this article makes some guesses at the number of people on the list that were called, saying "in the thousands". Certainly not in the millions. And of course it's doubtful many of the people called bothered to file a complaint, which is why the FTC just arbitrarily assessed a penalty of the maximum penalty per call per day.
The article implies that the entire program has received 1.4 million complaints overall, which seems reasonable.
Here's another one, but this time, the fine proposed was the $11,000 per violation maximum.
Makes you wonder why DirecTV is getting off so easy...
First, that they are going to make more money even with this fine than otherwise having followed the list and...
Second, every other company is doing this as well. Know the bit about collection agents not being able to call you at work? Surprise, Indian call centers for collection companies in the US call with total abandon, harassing all day long. Everyone in my family has gotten such calls. And since India is on the far side of the planet, they will call at two in the morning as if it was nothing; round the clock calls.
Companies largely do figure they aren't responsible for the acts of their contractors. DirecTV certainly does, both with this and with installations. Comcast sure DOESN'T and will fire contractors in an instant for screwing up in any way the breaks regulations or laws. If I was looking for TV service and Comcast didn't violate the no-call and DirecTV did, I'd not be going with DirecTV but arse-end-up world this is, you can bet thousands of those called did go with DirecTV to spite the cable operator that didn't violate the do not call list.
If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
..... As it makes zero difference to them. Consider the following:
/ 127160/pdf/Q32005EarningsRelease.pdf)
1. Their stock value barely moved today.
2. They made $95 Million in the third quarter (vs a loss of $1.01 Billion in the previous year).
3. They added 263000 customers in the third quarter.
(All figures taken from their financial statements located at http://media.corporate-ir.net/media_files/irol/12
Net result. They'll pay the fine and move on. Breaking the law clearly has served it's purpose.
This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
The CNN article linked originally above states, "Majoras said the DirecTV case accounted for 1.4 million complaints."
I'm thinking that the CNN article got its facts wrong here...
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http://www.aikiweb.com - AikiWeb Aikido Information
The law should say that whoever is advertised as being the originator of "the message", no matter who they contracted to do the dialing, they're still responsible for how their contractor behaves in their name. Now, if there's a problem, the original company pays the fine, and if they're not happy with it they get to go after their contractor in court (and if they subcontracted, they get to do the same, all the way down the chain).
This closes the whole "set up shell company and fuck people over in the name of holy capitalism" loop-hole quite nicely, don't you think?
Belief is the currency of delusion.
FTFA "Prior to the DirecTV settlement, the biggest penalty levied over unsolicited calls was a $500,000 penalty against a company called Flagship."
A list of TCPA court cases regarding the national do-not-call list (as well as junk faxes and prerecorded telemarketing call) is at http://www.tcpalaw.com/free. FWIW, both the FTC and the FCC have jurisdiction here, but the FCC law 47 U.S.C. 227 lets the individual consumer sue in addition to the FCC going after the perps.
Go down to your local small claims court and sue the bastards. It is a very rewarding experience!
You don't enforce it on the overseas telemarketer.... you enforce it on the US Company that hired them to sell their products. That's what agency law is all about... vicarious liability. You hire someone to do it, you are liable for what they do on your behalf. Respondeat Superior.
That is actually gay.