Judge Rules Against Extended Warranty Administrator Interstate National Dealer Services
•
•
Robocall class action lawsuit against INDS allowed to proceed after ruling
Extended warranty administrator Interstate National Dealer Services, Inc. lost a bid last week to have a robocall class action lawsuit filed against the company in March dismissed. INDS had argued that they were neither directly or vicariously liable for an extended warranty robocall made to lead plaintiff Jayson Rogers on September 25, 2019 which led to the class action filing.
Interstate National unsuccessfully argued in a June filing that the company cannot be found directly nor vicariously liable for the robocall and that the class action robocall lawsuit filed against them may proceed.
On September 25, 2019, John Doe initiated a pre-recorded telemarketing call to plaintiff’s cellular telephone number to promote Dealer Services. This phone call “used an artificial or pre-recorded voice and stated that John Doe Corporation was calling to offer plaintiff an ‘extended warranty.’” Plaintiff pressed “1" on his cell phone to speak to a live person and was connected with one of John Doe’s telephone representatives. The representative asked plaintiff the make, model, and mileage of his automobile.
In a twelve-page ruling issued by the court, Judge Patricia A. Gaughan supported the INDS argument that it is not directly liable for the robocall in question, but disagreed with the company that it is not vicariously liable.
Unsolicited Extended Warranty Robocall
According to the initial class action lawsuit, plaintiff Jayson Rogers received an unsolicited "press 1" robocall in September 2019 from an unnamed extended warranty seller offering him a vehicle service contract administered by defendant Interstate National Dealer Services. Plaintiff Rogers was also directed to Interstate's website by the robocaller.
Interstate National's Arguments
INDS argued that they are not vicariously liable for the auto warranty robocall for the following reasons:
• The plaintiff's complaint contains “zero factual predicate” regarding the relationship between INDS and the robocaller
• The plaintiff has not provided enough factual detail to support a claim for vicarious liability under the TCPA.
• The plaintiff’s allegations that a "John Doe" telemarketer mentioned Dealer Services’ products and website are insufficient to establish vicarious liability
• There are no allegations in the complaint that it “received leads or generated sales from the alleged call,” plaintiff cannot establish vicarious liability
• That the allegation of a contract between itself and "John Doe" is insufficient to support a claim for vicarious liability.
• That INDS “does not engage any third parties to make telemarketing phone calls [on] its behalf.”
Judge Gaughan ruled against Interstate National on all of these arguments and will allow the class action lawsuit to proceed on the basis of vicarious liability. "For all the reasons set forth above, the Court finds plaintiff has alleged enough to show that an agency relationship may exist between Dealer Services and John Doe. Accordingly, the Court concludes that plaintiff has sufficiently alleged that Dealer Services may be vicariously liable under the TCPA," the ruling stated.
Prior Extended Warranty Robocall Settlement
This is not the first time that INDS has been sued for allegedly violationg the TCPA. In 2014 Interstate National Dealer Services was sued for alleged TCPA violations, and in 2016, settled the case for $4.2 million.
The current class action lawsuit is known as Rogers v. Interstate National Dealer Services, Inc. et al case number 1:20-cv-00554 in Ohio Northern District Court.
Read the full text of Judge Gaughan's ruling here.
Read more at PacerMonitor
Source: https://www.pacermonitor.com
I have been hara*sed by these calls for several years (hundreds or calls). Ive asked to be removed from their lists several times. They pay no attention and they need to be held accountable.
How can I join this lawsuit I receive at least one call a day from this company and am tired of the calls coming in. They are wasting my time in disturbing at work, on the drive home from the office, on the drive into the office as well. I would love to give their bank account a black eye in hopes that they will remember to not call me ever again. I have already told them to remove me from their call list, yet they continue to call months after having asked them to stop.
Ive saved some of the numbers but its a dead end identifying them. Even if they give you an opt out its pointless if on voicemail.
THEY SHOULD BE BE REQUIRED TO GIVE YOU INFORMATION INCLUDEING THIER PHONE NUMBERS WHO ARE THE TOP 10 PEOPLE THAT IS MAKEING THE MOST
Law enforcement are dead on their feet in this state, they hire the worst prosecutors that money cant buy-the states M.V.B is to blame for this problem as they sell the telephone numbers listed with the MVB-The stupidioty band avarice of the states administration is as corrupt as the day is long
If a Presidential candidate were to run under a primary platform to root out, prosecute or otherwise go to any extreme to stop robocalling and other telephone solicitations, regardless of where in the world it originates, I would vote for such a person in a heartbeat. Launch a few surprise commando raids around the globe and take out a few of these operations, and demonstrate there are in fact consequences to bombarding US consumers with unrelenting solicitations and I think you would see a dramatic decline in such activity.
I get at least two calls a week from different numbers. I have asked on every occasion to be removed and with each new number I get a new call. I am so done with these calls and they need to end
These companies work through three companies. The first company calls you with a similar number and checks if you number has person answer. They then hang up. Once the number is verified as active company two keeps the server that sends the robo call to your phone, also spoofing a local number similar to yours. Company 1 and 2 might be the same. Company 3 is the actual telemarketing group, usually in a different country like India, where a person with that countries native accent is ALWAYS the human contact. This makes it difficult to prosecute. The fact that these companies are allowed to spoof phone numbers is similar to you changing your license plate because you are about to rob a bank. The spoofing should be illegal.
Is this the same company as National Dealer Services I see that robocalls made are not from numbers at ALL similar to the numbers I received robocalls from. The number I received robocalls from is 682-265-9146.
Id like in on this suit, please, and can we add Marriot Hotels, too They call my work number 1-3 times a day and I hit 2 to be taken off the list, and block the number and they call again from a new spoofed number 5 minutes later. I didnt mind the initial call, but once we say no, they should stop calling.
I want in on the suit too. The number that called my cell is: 662-553-0182. I called the number back 8 times and it was the same robocall answering with the same message it gave when calling me. So it wasnt a spoofed call, just a recording with a time limit. Your cell phone can now be placed on the National Do-Not-Call list, but the National Do-Not-Call list is useless as long as members of Congress refuses to do anything about robocalls and/or continue to line their pockets with money from the people running the robocalls to not do anything to fix the problem. Oh and dont press to have yourself removed from the calling list because sometimes in doing so you are giving permission for them to sell your number thereby making it a never ending problem. Its better to just hang up or press 1 to speak to someone and then just lay the phone down and let them see how they like it. They will ultimately hang up on you.
Tony, Just as there is an over abundance of car warranty robocalls, there are as many stories and ads like this one that promotes "cla*s action suits" only to be dead ends that lead nowhere with no one getting back to you nor adding you to their supposed "cla*s action suits". It makes for good ratings, blog hits, and advertising, but still leaves the consumer as void as the initial fake robocalls do. Very frustrating...
Dont get mad, get even. Learn the law and get them to pay you. The TCPA allows you to get 500 if they call and leave prerecorded messages or use an artificial voice. Then on top of that you can get 500 additionally for each call if your number is listed on the do-not-call registry. And guess what, courts allow for treble damages if the violations are willful, and they always are, especially on these warranty call, theyre made by repeat offenders, so now that 500 just went to 1500. So thats 3000 per EACH and EVERY call you get. Who the hell needs a cla*s action. Take action yourself. Gather your proof, save your voicemails, record the prerecorded messages on incoming calls and send a demand letter to the company. There are kits that can help you learn the ropes or just google TCPA private right of action and check out book on how to bust telemarketers. The law works, but YOU HAVE TO WORK IT.
I receive at least 1 call a day from "National Dealer Services". Blocking the number is fruitless as the Robo call is from a different number every time. I would like to join the lawsuit or donate to the cause.
I got 2 calls from them today. The record was 4 calls one day in the fall. I have spoken to a rep and demanded to be put on the Do Not Call list a few times. Still, clearly, I am getting called. What makes this more annoying is that I registered my number on the National Do Not Call Registry a long time ago. Technically they are in violation and technically they dont care.
I continue to get a call from them. When I answer, there is nothing on the other side. Then when I call the number back, its a different number everytime, it goes to "National Dealer Services" . Here is the last number that called me. 817-672-2194 . I wish they would stop.