Category: Uncategorized

Home warranty Telemarketing Solicitations and Deceptive trade


  1. Home Warranty Class Actions: Class actions have been filed against various telemarketers including home warranty companies. The claims allege deception, mistatement of benefits, and solicitations violating the federal Do Not Call Law and state statutes and regulations.
  2. Settlement If you have been a victim of do not call violation or deceptive marketing practices, you may be entitled to compensation. Our office generally handles such claims on a contingency basis (see http://www.contingencylawyernjny.com) with payment for legal fees upon settlement.
  3. Enforcement Action Against Home Warranty Companies: Several state attorney generals have announced an enforcement action against companies for deceptive home warranty coverage emphasizing the need to address deceptive practices in the industry [4].
  4. Do Not Call and TCPA Violations The Telemarketing Sales Rule, as directed by the Telemarketing Act, prohibits deceptive or abusive telemarketing practices. This encompasses practices that mislead or deceive consumers, emphasizing the importance of transparency and honesty in telemarketing interactions [6]. The Competition Act in Canada also addresses deceptive telemarketing to protect consumers and businesses from misleading practices

These legal actions highlight the importance of consumer awareness and regulatory measures to address deceptive practices in the home warranty industry.

🌐 Sources

  1. ftc.gov – Complying with the Telemarketing Sales Rule
  2. ftc.gov – Telemarketing and Consumer Fraud and Abuse Prevention Act
  3. wikipedia.org – Telemarketing and Consumer Fraud and Abuse Prevention Act
  4. ised-isde.canada.ca – Deceptive telemarketing
  5. everycrsreport.com – Telemarketing: Dealing with Unwanted Telemarketing Calls
  6. federalregister.gov – Telemarketing Sales Rule


    Call (973) 598-1980 Now for a Free Consultation to discuss compensation for unwanted calls or deception.
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Car Warranty Robocalls

1. Overview

Car warranty robocalls violate multiple laws. . They usually start with a recorded message that says something about your vehicle’s manufacturer’s warranty. The message might say that they’ve sent you several notices in the mail. They say you haven’t extended your warranty past the factory cut off, and they’re going to close your file soon if you don’t respond. And, you should press a number if you’re interested in renewing your warranty, or press a different number if you want to be removed from the list. This is an illegal robocall and likely a scam. The companies behind this type of robocall are not with your car dealer or manufacturer, and the “extended warranty” they’re trying to sell you is actually a service contract that often sells for hundreds or thousands of dollars. If you buy it, you may find that the contract doesn’t actually cover any problems you have with your car because of the restrictions in the fine print.

If you receive one of these calls, it’s best to hang up and not engage with the company that reaches you with an illegal call. You can also consider using an app or device to block unwanted calls 1. If you want to report the robocall, visit DoNotCall.gov .

2. Compensation

Our office has secured more than $100,000 in settlements for unlawful car warranty robocalls
If you ordered the policy or can establish what company made or authorized the call, we can file a claim. We work on contingency meaning no payment is needed.


False Credit Card Approvals


We handle claims that a consumer was told he was approved for credit and then was later denied.

The Federal Trade Commission is ordering Credit Karma to pay its users $3 million after pushing false preapproved credit cards on consumers and harming their credit scores. Nearly one-third of users who applied for credit cards labeled as preapproved by Credit Karma, a credit monitoring company, were subsequently denied following a credit check.

Credit Karma will pay $3 million to users …

http://www.npr.org/2022/09/06/1121246081/credit-karm…

Car Warranty Robocalls

Auto warranty robocalls are  deceptions  that claim your car insurance or warranty is about to expire and try to sell you a costly extension or reinstatement.. They often use your real information to sound legitimate and seek your personal or financial information They are the top call complaint filed by consumers to the FCC for the last two years The FCC has identified a ring of a dozen people in the U.S. and abroad that allegedly generated 8 billion of these calls since 2018 and ordered all U.S. voice service providers to block them5. The FCC is also investigating these calls for law-breaking and has sent cease-and-desist letters to eight carriers that were responsible for carrying them.

Our office has secured more than $50,000 in compensation for victims. Call for a free consultation


Sources:

Verdicts and Decisions

Creditor, Repeated calls and TCPA


The TCPA prohibits calls to a cell phone without the consumer’s consent. What happens if a consumer initially provided consent when signing up for a credit card, but later wishes to stop the calls.

Creditor and Do Not Call List
Stop Calling me, I will contact you when I am able to discuss this debt

The Court said In Schweitzer v. Comenity Bank:

“the TCPA makes it unlawful for “any person,” absent the “prior express consent of the called party,” to make any non-emergency call “using any automatic telephone dialing system or an artificial or prerecorded voice … to any telephone number assigned to a … cellular telephone service [.]” 47 U.S.C. § 227(b)(1)(A)(iii). Anyone who violates the TCPA may be sued in federal court for “actual monetary loss” or $500 in damages for each violation, “whichever is greater.” § 227(b)(3)(B). Treble damages are also available for knowing or willful violations. § 227(b)(3) (concluding language). Schweitzer v. Comenity Bank, 866 F.3d 1273, (11th Cir. 2017)

The consumer “applied for, and was issued, a credit card by Comenity Bank in 2012 and in her application provided her cellular phone number to Comenity.” When she failed to make required payments on her credit-card account, Comenity placed calls to her cellular phone concerning the delinquency using an automated telephone dialing system. The Bank said she was two payments behind on her account, and asked if she could make a payment.

In response, she said the following:

Unfortunately I can’t afford to pay [my past due payment] right now. And if you guys cannot call me, like, in the morning and during the work day, because I’m working, and I can’t really be talking about these things while I’m at work. My phone’s ringing off the hook with you guys calling me. Schweitzer v. Comenity Bank, 866 F.3d 1273, 1275 (11th Cir. 2017).

The Court reversed the dismissal of her claim finding a question about consent for the repeated calls.

If you do not wish to receive repeated calls from a creditor, consider telling them that.

Call (973) 598-1980 for a Free Consultation on Your Debt Defense or Robocall Problem

Young female executive using landline phone at desk in office

Documenting the Call

No we never called, I think you make a mistake.

Just as they work to evade laws, telemarketers work to evade punishment. There are several ways to strengthen your case.

1. Documenting the Call

There are several ways to document a call. You can take a snapshot of the caller ID, and then try to confirm with various sources that this is a telemarketer. Where it is lawful, calls can be recorded. Many telephone companies will provide a printout of calls received which confirms that it was made.

2. Corroboration

Similar incidents are persuasive for a lawyer or judge. Check Better Business Bureau and other online sources for other complaints about do not call violations. Some clients can check state sources for similar complaints, or the Pacer index for federal lawsuits.

3. Claim presentation

Once you’ve documented a violation, general procedure is to provide a demand letter. Then the question will be whether the company will voluntarily pay compensation for its violation or if legal action will be needed. Our office presents claims on a contingency basis.


Call (973) 598-1980 for a Free Consultation on Your Telemarketing Claim

I'm registered on the Do Not Call List but receive these calls
Can you help me stop the texts

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