AG Nixon sues EchoStar, alleging numerous 'no-call' violations

ST. LOUIS -- Missouri on Wednesday sued satellite television giant EchoStar Communications Corp. and a company behind fund-raising calls on another party's behalf, accusing both of violating the state's telemarketing "no-call" list.

In suing Echostar in St. Charles County, Attorney General Jay Nixon's office accused the company known for its Dish Network satellite service of wrongly calling Missourians who had home telephone numbers registered with the state's no-call list.

Nixon said his office had fielded more than 150 reports that EchoStar, based in Littleton, Colo., illegally made telemarketing pitches of its satellite equipment and television services.

In the second lawsuit, filed in St. Louis, Nixon labeled Xentel a repeat offender of Missouri consumer-protection laws, accusing the company of making fund-raising telemarketing calls on behalf of third-party organizations.

Nixon said Xentel Inc., based in Fort Lauderdale, Fla., used "manipulative, high-pressure techniques" to solicit donations, denied or interfered with requests by Missouri consumers to be placed on Xentel's own no-call list, and repeatedly called Missourians who already had asked the company not to be bothered.

That lawsuit also seeks penalties against Xentel for violating terms of Nixon's February 2002 court order that required it to abide by Missouri consumer-protection and no-call laws or face fines beyond the $5,000 the company has already paid the state.

EchoStar spokesman Steve Caulk said Thursday the company had not yet seen the lawsuit and could not immediately discuss it.

Messages left with Xentel were not immediately returned.

Missouri's no-call list, which took effect July 1, 2001, allowed consumers to sign up with the attorney general's office to have telemarketing calls to their homes stopped.

Both of Thursday's lawsuits seek unspecified penalties, costs and fees from the companies.

"We've shown our ability to file lawsuits in any circuit court in the state in counties where no-call violations occur, and today's lawsuits are a continuation of that aggressive policy," Nixon said.

Nixon's office, which administers the list, last month said complaints about fraudulent telemarketers had dropped by 65 percent, and that complaints about telemarketers calling the homes of those on the no-call list have fallen from an average of about 5,000 a month to about 800 a month.

More than 1.2 million residential phone numbers are on Missouri's no-call list, representing about 3 million people. More than $1 million in fines have been levied against firms who have violated the law since it went into effect, Nixon said.

A federal do-not-call registry has grown to more than 30 million numbers since it was opened June 27, according to the Federal Trade Commission, which operates the service.