This lawsuit alleges that Got Warranty, NCWC and Palmer Administrative services violated the TCPA by placing automatic dialed marketing calls to both cell phones and landlines of consumers.
Got Warranty, NCWC and Palmer Administrative Servcies all appear to be in the business of providing third party extended warranties on automobiles. Much of their business appears to come from cold calling consumers through out the country.
This lawsuit alleges that these three entities violated federal law that prohibits businesses from using auto dialers to place calls to consumers on either their landlines or cell phones.
The lawsuit alleges that on July 6, 2015, the Plaintiff received a phone call from Caller ID Number labeled as (732) 719-3020. When the call connected, there was an audible click from the receiver. After a pause, the call disconnected. On July 14, 2015, the Plaintiff received a phone call from the same Caller ID Number, (732) 719-3020. When the call connected, there was an audible click from the receiver. When the call connected with a telemarketing representative the Plaintiff was offered a vehicle service contract, which she did not desire and had not asked for. The Plaintiff was given the website http://gotwarranty.com/ by the calling party, and informed that she was being called to be offered a vehicle service contact by Palmer Administration, which was “the administration arm of N.C.W.C., Inc.”. The Plaintiff was also informed that Palmer Administrative would be underwriting the policy. When the Plaintiff inquired further about the calling party and the services being offered, she was given the address and Better Business Bureau website for N.C.W.C. if she needed to receive any more information.
Plaintiff is not a customer of the named defendants, has not provided the defendants with her information or cellular telephone number for the purposes of telemarketing, and has not given the defendants express written consent to place telemarketing calls to her cellular telephone number.
The extended warranty companies will not answer the lawsuit until mid-September, 2015. What makes this case interesting is that the named plaintiff really stuck with it. We all get these auto generated calls. Most of us hang up 10 seconds into the call. Here the consumer actually stayed on the line and got important information about who was authorizing these calls. This does not happen often and may well be the practical reason this case was even brought.