NOTICE OF PENDENCY OF CLASS ACTION LAWSUIT

[lazydogmot]

I just got this email

 

[Charise]

Me too. It's for 29 days of not getting FSN sports or FX in October 2010. I wish they'd throw these out of court!

 

[Scherrman]

This seems like a major waste of time. Just seems like someone is trying to stick it to Dish.

 

[mike123abc]

Customers perhaps a free PPV, lawyers millions in fees...

 

[KAB]

This seems like a major waste of time. Just seems like someone is trying to stick it to Dish.

Instead he's sticking it to himself.

 

[dfergie]

Lawyers ... can't live without them, illegal to shoot them.

 

[wallyhts]

I'll take a free PPV and a $10 check any day of the week.

I like this word "illusory" ""based on illusion; not real.""

(Thus, focusing only on this language, the contract literally means that Dish Network can deliver whatever programs it chooses without regard to the program package agreed to, and Padberg would have no recourse.) https://secure.dahladmin.com/DISH/Content/documents/Denying_Motion_to_Dismiss.pdf

I don't remember did dish even offer anything to replace FX and the sports nets during this time?

 

[KazooGuy]

I find this to match the term frivolous lawsuit if there ever was one.

 

[empiretc]

Seriously..... why aren't they suing fox?


oh, that's right...... ignorant masses. squeaky wheel gets the grease.

 

[renegade734]

Yeah, but I called to complain, and Dish gave me $10/month for a year. No lawyers involved.

 

[zippyfrog]

I don't remember did dish even offer anything to replace FX and the sports nets during this time?

For some reason, I think they gave people access to the other Comcast RSN's during the dispute.

 

[Brussam]

I would be wary of getting involved with a Class action that can yield so little in return but could drive up incredible fees for the Class and then the Class could be liable if the Class loses the case.

Greed could backfire on this case which should have never been allowed in court.

 

[wallyhts]

I would be wary of getting involved with a Class action that can yield so little in return but could drive up incredible fees for the Class and then the Class could be liable if the Class loses the case.

Greed could backfire on this case which should have never been allowed in court.

I think unless you tell them otherwise your part of the class action. "Not sure and by no means is this legal advice just my opinion"

you are a Class Member, you have the choice of staying in the Class or excluding yourself from the Class. Each choice has risks and consequences. Your options as a Class Member are:

1. If you are a Class Member and do nothing, you will stay in the Class. If you stay in the Class, your interests will be represented by Class Counsel appointed by the Court and you will be bound by the result of the lawsuit, whether that result is favorable or unfavorable. If the Court finds in favor of the Class or the Plaintiff and DISH agree to settle the case, you will be entitled to a share of any recovery. If the Court finds in favor of DISH, you will recover nothing and any claim you would have against DISH related to the claims in the lawsuit will be forever barred. You will not, however, have to pay any money as a result of staying in the Class.
2. You may also enter an appearance in the case through your own attorney. If you choose this option, you will be responsible for paying the fees and costs of your own attorney. You need not enter an appearance through your own attorney to participate in the case. If you do not enter an appearance through your own attorney and do nothing, option 1 of this section will apply to you.
3. You may also exclude yourself from the Class. If you exclude yourself from the Class, you will not be bound by the result of this case. Accordingly, should the Class recover money from DISH, whether by settlement or judgment, you will not share in the recovery. Nor will you be bound by any adverse result in this case. You will retain the right to pursue your individual claims against DISH and hire your own attorney, unless otherwise barred.

If you wish to exclude yourself from the Class, you must prepare a written request for exclusion including your name, address and a statement that you wish to be excluded from the Class and send it to the Class Administrator at the following address:

DISH Class Administrator
c/o Dahl Administration
PO Box 3614
Minneapolis, MN 55403-0614​

or​

by email to mail@PadbergDISHClassAction.com​

 

[jerryez]

I lost Disney HD and ABC Family HD for about two years and still have not got them back. Is this another class action suit?

 

[Super Dave]

Yeah, but I called to complain, and Dish gave me $10/month for a year. No lawyers involved.

So if I remove myself from this garbage will Dish send me a check for $120?

 

[dangue]

So i'm of two minds about this. First, given the contract that customers signed, this strikes me as frivolous.

But on the flip side, the standard service contract is so one sided, that I'd love to see the courts treat the contract as a contract of adhesion such that the one sided aspects of the contract are disregarded.

A lot of people complain that they should be able to end their contract early without paying the ETF if Dish drops their "favorite channel." The only way I can see that ever coming about is through either government regulation or a court case like this.

Granted, the above is my best case scenario. Other than that, I don't see much utility in the suit.

 

[Scherrman]

I lost Disney HD and ABC Family HD for about two years and still have not got them back. Is this another class action suit?

You never got them back yet?

 

[ashutto20]

Just received an email telling me I'm a part of this law suit but the only way to opt out is to send a statement to an address through the mail

 

[Yespage]

Sweet! I'll get Wrestlemania with the free PPV coupon.

Right? Because it is a PPV?

No?

 

[Skee7ix]

I just contracted Dish on that month (Oct. 2010), and didn't noticed about it, because the installer did a terrible job, they use the same dish and wires that were already in the house and I wasn't getting a lot of channels, until Feb. 2011 when they corrected it... that will be more lawsuit