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DOJ and 4 States Want $24 Billion In Fines From Dish Network For Telemarketing (arstechnica.com)
walterbyrd writes: The DOJ as well as Ohio, Illinois, California, and North Carolina say that Dish disregarded federal laws on call etiquette. US lawyers are asking for $900 million in civil penalties, and the four states are asking for $23.5 billion in fines, according to the Denver Post. 'Laws against phoning people on do-not-call lists and using recorded messages allow penalties of up to $16,000 per violation,' the Post added.
The first amendment right is a right to speak. Its not a right to force others to listen.
No first amendment rights are being violated here. There is a do not call list that people opt into that means "This person does not wish to recieve your phone calls". If you think that allowing people to be forced into hearing others speech is OK, then fine, but lets not pretend that position is about defending rights.
Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
The difference is that telemarketing steals your time in a way you can't reallocate. It's a much more significant intrusion than junk mail, and much more inconsiderate. And it is used much more frequently by very disreputable companies who hide caller IDs, refuse to give you real addresses, pretend to have preexisting relationships with you, etc...
Basically the sheer quantity of fraud combined with the much greater intrusion make it an appropriate area for regulation. The phone companies should be preventing it but don't. So long as the phone companies won't, governments should.
The First Amendment guarantees a voice, but does not guarantee a platform. The fines for ignoring the DNC list are not for speaking; they are for violating the DNC list.
Lawyers can get a cut of lawsuits. These $$ are fines. Fines go directly to the government.
But you're right that the people who were most affected won't see a penny.
So, it's fine they're going after a big company for being robocall jerks.
I get a bunch of these calls every week and... it's never once been Dish. It's always these sleazy scam operations with "Stop what you're doing I can make you ten thousand bucks" or "The FBI says there's a break-in every 8 minutes." I know it's only anecdotal, but no one I know who complains about annoying robocalls has ever mentioned Dish, it's always scammers.
I don't doubt that Dish has abused their phone privileges. But while this (unrealistic) fine in the tens of billions of dollars is big headlines for these AGs, maybe before they tear a ligament patting themselves on the back, they could also do some (less glamorous but more impactful) work against these mom and pop scam outfits?
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We so need a corporate death penalty. This isn't quite the case for it to be used but, it should certainly exist. Also, if the corporation is sentenced to death, all of the C-level executives should have an automatic prison sentence that can be enhanced for their crimes.
"Be particularly skeptical when presented with evidence confirming what you already believe." -
But if the Republicans rulers of a corporation hire thousands of co-conspirators to call the people in order to prevent us from communicating by calling us and tieing up our communication devices thus not allowing us to communicate, then they have taken our voice. They are taking our voice.
Actually, Congress has written all of these laws to make an exception for... Congress. Political fundraisers can call you all they want.