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DirectTV to Pay $5.4M in Privacy Fines

Posted by Zonk on from the privacy-isn't-a-fad dept.

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."

8 of 187 comments (clear)

  1. Re:The First? by ch-chuck · · Score: 3, Informative

    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); }
  2. Misspelling? by Lithgon · · Score: 4, Informative

    Isn't it DirecTV, not DirectTV?

    1. Re:Misspelling? by meatflower · · Score: 3, Informative

      Correct! Though apparently DirecTV owns not only http://www.directv.com/ but http://www.directtv.com/ as well in case you didn't figure out their oh so clever name!

  3. Fact jumble by ergo98 · · Score: 5, Informative

    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.

  4. Re:The First? by Saxophonist · · Score: 3, Informative

    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...

  5. This is the cost of doing business.... by 8127972 · · Score: 4, Informative

    ..... As it makes zero difference to them. Consider the following:

    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/ 127160/pdf/Q32005EarningsRelease.pdf)

    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.
  6. No, they got it right. by eddy · · Score: 3, Informative

    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.
  7. No, a private person (me) had the first. by TCPALaw · · Score: 4, Informative
    I brought what was the first action (AFAIK) for violations of the national do-not-call list back in February 2004. However, the defendant settled with a nondisclosure agreement. But a number of other have brought such cases, and they are public. The Telephone Consumer Protection Act, 47 U.S.C. 227 lets the individual consumer take people to small claims court for violating the do-not-call list, sending junk faxes, and making other illegal telemarketing calls. You get $500 to $1,500 per violation.

    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.