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Omega Autocare Unwanted Robocalls TCPA Class Action

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Fortega Financial Corp, one of the defendants in this case, provides automotive warranty underwriting services for Omega Autocare, the other, which markets and sells the warranty policies on behalf of Fortega. According to the complaint for this class action, one or both of these companies are responsible for the telemarketing calls made to plaintiff Aaron Hirsch, in violation of the Telephone Consumer Protection Act (TCPA).

Three classes have been proposed for this action.

  • The ATDS Class is all individuals in the US who received a telemarketing call from Omega Autocare on their cell phone or VoIP line through the use of an automatic telephone dialing system, from October 16, 2013 to the day the class notice is distributed, where the defendants’ records do not show the individual’s prior express written consent to such calls.
  • The Robocall Class is all individuals in the US who, between October 30, 2013 and October 30, 2017, received a telemarketing call for Omega Autocare to a residential telephone or VoIP line where the defendants records do not show the individual’s prior express written consent to such calls. 
  • The NDNC Class is all persons in the US who, between October 30, 2013 and October 30, 2017, received two or more telemarketing calls per year for Omega Autocare at a telephone number entered in the National Do Not Call Registry.

The TCPA was passed to protect consumers from harassment by robocalls and telemarketing brought about by the introduction of new technology that made it easy for companies to make hundreds and even thousands of calls with very little effort or expense. Among other things, it forbids companies from making telemarketing calls to consumer cell phones through the use of automated dialing systems or artificial or pre-recorded voices, unless the company first obtains the consumer’s express written consent. It also established the National Do Not Call (NDNC) Registry to prevent telemarketing calls to other telephones.

Plaintiff Hirsch registered his home number on the NDNC Registry on February 17, 2017, the complaint alleges. The telephone uses a voice over Internet protocol (VoIP) service that charges him for incoming as well as outgoing calls.

During May and June, the complain claims, Omega Autocare called his number multiple times, using an automated telephone dialing system, in direct violation of the TCPA. A call on May 12 also made use of an artifical or pre-recorded voice.

Hirsch insists that he had never given Omega Autocare his express written consent to receive such calls.

The complaint claims that the defendants not only violated the TCPA but did so willfully and knowingly. 

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