An extended car warranty company was hit with a nationwide class-action lawsuit by a consumer who says he had to go undercover to obtain its identity after he was inundated with robocalls.
In a lawsuit filed in New Jersey federal court, lead plaintiff, Nathan Rowan, accuses US Dealer Services, Inc of making unsolicited marketing calls to thousands of consumers in blatant disregard of their wish not to be contacted by telemarketers. Rowan says that the company calls consumers incessantly, even those on the Do Not Call List, and customer service representatives refuse or even hang up when consumers ask for the calls to stop.
Rowan says that he began receiving calls from a fake phone number in January of this year. He says that he uses his phone for personal use and has no business relationship with US Dealer and his number has been on the Do Not Call List since 2005.
Due to the company’s refusal to stop calling or even identify themselves during these unsolicited calls, Rowan claims that he played along and purchased an extended warranty. As a result of his purchase, Rowan says he got the contact information for the company responsible for the illegal and unrelenting extended car warranty robocalls – US Dealer.
Rowan claims that US Dealer places the marketing calls despite not having permission from consumers. The company even calls numbers on the Do Not Call Registry, claims the class action lawsuit.
“The US Dealer Services Better Business Bureau (‘BBB’) page is filled with complaints from consumers about unsolicited calls from US Dealer Services, including complaints from people who have registered their phone numbers with the [Do Not Call List],” alleges the class action lawsuit.
The Do Not Call List or Registry was set up under the Telephone Consumer Protection Act (TCPA). The TCPA is a federal enacted to protect consumers from aggressive telemarketing behavior. In addition to requiring marketers to obtain express, written permission before using consumers’ phone numbers, the TCPA allows consumers to list phone numbers telemarketers are not supposed to use.
Rowan accuses US Dealer of violating the TCPA and seeks to assess the statute’s substantial fines against the company. Indeed, penalties for violating the TCPA can run as high as $1,500 per call, a number that can add up to millions of dollars.
The class action lawsuit is seeking to represent consumers nationwide who placed their numbers on the Do Not Call List, but were plagued by US Dealer extended car warranty robocalls.
The lead plaintiff is represented by Stefan Coleman of the Law Offices of Stefan Coleman.
The US Dealer Services Robocall Class Action Lawsuit is Rowan v. US Dealer Services, Inc., Case No. 2:21-cv-09945 in the U.S. District Court for the District of New Jersey.
Nemo me impune lacessit