Car Warranty Companies’ Unwanted Calls to Cell Phones TCPA Class Action

In this class action, three companies are alleged to have made telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA). The three—Hard Tack, Inc., Dealer Renewal Services, and Royal Administration Services, Inc.—have roles in selling, marketing, or finance vehicle service contracts. The complaint claims they try to sell these contracts by placing calls to consumer cells phones.

The TCPA was passed in 1991, as automatic telephone equipment was becoming more and more available and companies found that they could contact tens of thousands of consumers per day with very little trouble to themselves.

The TCPA makes it unlawful for telemarketers to place calls to consumer cell phones, using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice, unless the telemarketer has the consumers’ prior express written consent to receive such calls.

Plaintiff Sarah Jill Corbin received the first call from the defendants in this case to her cell phone on January 17, 2020. When she picked up, she heard several seconds of silence and then a click, and after that she was transferred to a live agent. The complaint alleges, “Upon information and belief, these facts demonstrate that the calls were made using and ATDS.”

The same sequence happened with two other calls, on January 22 and 27.

The representative offered Corbin a warranty on her 2012 Dodge Challenger. Corbin said she was working at the moment, and the representative ended the call.

More calls followed in February, the complaint says, some with “spoofed” numbers.

The complaint claims that Corbin had never given the companies permission to call her cell phone using automated equipment. It also says, “Defendants have previously been sued for the same unlawful conduct alleged in this complaint.”

Two classes have been defined for this action.

The ATDS Class is all persons in the US who, between October 9, 2016 and October 9, 2020, received a call to their cell phones from any of the defendants in this case or anyone acting on their behalf to advertise their services, without getting the persons’ prior express written consent.

The Do Not Call Registry Class is all persons in the US who, between October 9, 2016 and the present, (1) were called by on or behalf of the defendants in this case (2) more than once in any twelve-month period (3) for the purpose of selling products or services, (4) where the persons’ phone numbers had been on the National Do Not Call Registry for a minimum of thirty days, and (5) for which persons the defendants did not get prior express written consent to make such calls or for which persons they claim to have received such consent in the same way as they claim to have received it from the plaintiff in this case.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Car Warranty Companies’ Unwanted Calls to Cell Phones TCPA Complaint

October 9, 2020

In this class action, three companies are alleged to have made telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA). The three—Hard Tack, Inc., Dealer Renewal Services, and Royal Administration Services, Inc.—have roles in selling, marketing, or finance vehicle service contracts. The complaint claims they try to sell these contracts by placing calls to consumer cells phones.

Car Warranty Companies’ Unwanted Calls to Cell Phones TCPA Complaint

Case Event History

Car Warranty Companies’ Unwanted Calls to Cell Phones TCPA Complaint

October 9, 2020

In this class action, three companies are alleged to have made telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA). The three—Hard Tack, Inc., Dealer Renewal Services, and Royal Administration Services, Inc.—have roles in selling, marketing, or finance vehicle service contracts. The complaint claims they try to sell these contracts by placing calls to consumer cells phones.

Car Warranty Companies’ Unwanted Calls to Cell Phones TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer