Ex-Dish Customer Sues for Breach of Contract After Dish Demands Renegotiation

A former Dish Network customer’s debt settlement representative agreed with debt collector Convergent Outsourcing on May 24 to settle and close her Dish account for a lump sum payment of $259.77 to resolve in full an account showing a balance of $519.54, but the payment remained “uncollected” for months, alleged a lawsuit (docket 3:24-cv-00893), removed Thursday by defendants Dish and Convergent to U.S. District Court for Northern Texas in Dallas. Clara Garcia of Quinlan, Texas, filed the breach of contract suit Jan. 19 in Hunt County District Court in Greenville, alleging her banking information was provided to Convergent May 26, but the payment wasn’t collected. Her debt settlement representative contacted Convergent about the uncollected payment four times, the complaint said. On July 25, Convergent advised Garcia the account was recalled by Dish. The plaintiff’s debt settlement rep then contacted Dish, requesting that the satellite provider honor the May agreement, but on Aug. 8, Dish declined to honor the agreement and demanded renegotiation, the complaint said. On Dec. 12, Garcia’s counsel sent a letter to Dish and Convergent summarizing the account’s history and requesting further discussions; to date, the defendants haven’t responded, it said. Garcia claims violation of the Texas Debt Collection Practices Act, Fair Debt Collection Practices Act and breach of contract. The laws prohibit debt collectors from engaging in abusive, deceptive and unfair collection practices, it said. Garcia seeks a judgment for actual, statutory and monetary damages, plus attorneys’ fees and costs.