Ferron v. Dish Network, L.L.C.
195 Ohio App. 3d 686
| Ohio Ct. App. | 2011Background
- Ferron appeals a Franklin County Municipal Court judgment dismissing his CSPA and TSSA claims against Dish Network.
- Ferron alleged that Dish Network’s TV ads for satellite services were deceptive and violated the CSPA by improper use of “free” and by omitting terms and conditions.
- Ferron also alleged that Dish Network violated the TSSA by failing to register as a telephone solicitor and by not obtaining a surety bond.
- The trial court dismissed the deception-based CSPA claims, and dismissed the TSSA claims, including the registration claim.
- On appeal, the court reverses in part (CSPA) and in part (TSSA) and remands for further proceedings; it affirms in part (surety-bond claim) and denies declaratory relief as appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ads are solicitations under the CSPA | Ferron: ads constitute solicitations and are CSPA actions. | Dish Network: ads are not solicitations or consumer transactions under the CSPA. | Yes; ads are solicitations, and Ferron stated CSPA claims. |
| Whether the CSPA claims require proof of deception at the pleading stage | Ferron: need not plead prior deception at the motion to dismiss stage. | Dish Network: deception must be shown to state a CSPA claim. | Ferron may state CSPA claims without proving deception at the pleadings stage. |
| Whether the ads’ solicitation status affects the TSSA claims about registration | Ferron: Dish Network engaged in telephone solicitation via TV ads and must be registered. | Dish Network: separate grounds apply; misalignment with TSSA. | The court erred in concluding not a telephone solicitor; registration claim survives. |
| Whether the TSSA failure-to-obtain a surety bond is a CSPA violation | Ferron: surety-bond failure is an unfair or deceptive act under the CSPA. | Surety bond failure not a CSPA violation. | Sustained regarding registration; rejected based on surety bond. |
| Whether Ferron is entitled declaratory relief under the CSPA | Ferron seeks declaratory judgment that certain acts violate the CSPA. | Dismissal of declaratory relief defenses. | Declaratory relief claim sustained; remanded for further proceedings on related claims. |
Key Cases Cited
- Ferron v. EchoStar Satellite, L.L.C., 727 F. Supp. 2d 647 (S.D. Ohio 2009) (district court held no deception proved, but court addressed CSPA pleading scope)
- EchoStar Satellite, 410 Fed. Appx. 903 (6th Cir. 2010) ( Sixth Circuit affirmed district court on CSPA deception issue)
- Cicero v. Am. Satellite, Inc., 2011-Ohio-4918 (Ohio 2011) (rejected dismissal under CSPA for similar emails; distinguishes contexts)