Robbie Hargett Apr. 26, 2016, 12:11pm


SAN FRANCISCO (Legal Newsline) - A California man is suing a television company, alleging it deceives Spanish-speaking customers.

Narciso Fuentes of Alameda County, individually and for all others similarly situated, filed a class action lawsuit March 7 in Superior Court of the State of California in and for the county of Alameda against Dish Network LLC and Does 1-50, alleging violations of California's Home Solicitation Sales Act, its Consumer Legal Remedies Act, and its Business & Professions Code.

The suit alleges Dish Network targets California's Spanish-speaking community by soliciting them in Spanish, obtaining their agreements to subscribe to Dish Network satellite TV services in Spanish over the phone.

Then, however, the lawsuit states Dish Network has the Spanish-speaking customers sign English-language contracts at the customers' homes, and these English-language contracts do not provide the appropriate right to cancellation disclosures.

Fuentes and others in the class seek a jury trial, actual damages, restitution, rescission, injunctive relief, interest, attorney fees, and other costs. They are represented by attorneys Bryan Kemnitzer, Nancy Barron and Elliot Conn of Kemnitzer Barron & Krieg in San Francisco, and Arthur D. Levy of Housing & Economic Rights Advocates in Oakland.

The defendant filed April 15 to remove the case to U.S. District Court for the Northern District of California because the putative class consists of at least 100 members, there is diversity of citizenship among the parties, and the amount in controversy exceeds $5 million.

Superior Court of the State of California in and for the County of Alameda Case number RG16806669

 U.S. District Court for the Northern District of California Case number 4:16-CV-02001-JSW

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U.S. District Court for the Northern District of California
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