Omega Auto Care Telemarketing Auto Warranty Calls TCPA Class Action

Omega Auto Care (officially named EGV Companies, Inc.) sells and administers auto extended protection plans to consumers through the country. To find customers, the complaint for this class action alleges, it engages in telemarketing efforts that violate the Telephone Consumer Protection Act (TCPA).

The Robocall No Consent Class for this action is all persons in the US, to whose cell phones Omega or another party acting on its behalf placed a call, using and artificial or prerecorded voice, between April 1, 2016 and the present, from whom Omega or the third party had not gotten prior express consent to receive such calls at the time the call was made.

While the TCPA does not entirely forbid telemarketing, its aim is to protect consumers who don’t wish to receive such calls. It sets requirements that companies must meet and imposes prohibitions for telemarketing.

Of particular concern are calls to consumer cell phones, because cell phone owners generally pay for incoming as well as outgoing calls. This means that telemarketers who call cell phones are pushing off part of their advertising costs on the consumers they’re trying to reach.

The TCPA makes it unlawful for businesses to place calls to consumer cell phones, using automatic dialing systems or artificial or prerecorded voices, unless the businesses have the consumers’ prior express written consent to receive such calls. “Calls” in this context means regular voice calls but also voicemails and text messages.

Nevertheless, on March 20, 2020, plaintiff Thomas Miller received “an unsolicited, pre-recorded phone call on his cellular telephone from, or on behalf” of Omega. The artificial or prerecorded voice stated that the purpose of the call was to offer Miller an “extended warranty.”

The complaint says that Miller had never given his prior express written consent to receive such calls.

The complaint quotes online postings showing that many other consumers have received unwanted calls from Omega:

  • “Caller claimed to represent Omega Auto Care trying to sell me an aftermarket warranty on a vehicle I no longer own.”
  • “This is a company doing illegal telemarketing.… They are now making calls using an auto-dialer and calling people on the national Do Not Call Registry.”
  • “A robot[-]like call. The human on the other end says all calls go through a computer which generates the calls…. Pressure sales.”
  • “Have repeatedly [] had calls telling me that my Chevrolet warranty is running out I have repeatedly told them not to call me anymore….”
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Omega Auto Care Telemarketing Auto Warranty Calls TCPA Complaint

April 1, 2020

Omega Auto Care (officially named EGV Companies, Inc.) sells and administers auto extended protection plans to consumers through the country. To find customers, the complaint for this class action alleges, it engages in telemarketing efforts that violate the Telephone Consumer Protection Act (TCPA).

Omega Auto Care Telemarketing Auto Warranty Calls TCPA Complaint

Case Event History

Omega Auto Care Telemarketing Auto Warranty Calls TCPA Complaint

April 1, 2020

Omega Auto Care (officially named EGV Companies, Inc.) sells and administers auto extended protection plans to consumers through the country. To find customers, the complaint for this class action alleges, it engages in telemarketing efforts that violate the Telephone Consumer Protection Act (TCPA).

Omega Auto Care Telemarketing Auto Warranty Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of artificial or pre-recorded voice