Auto Warranty Company Violated Federal Law With Unwanted Calls, Class Action Claims

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

An auto warranty company is at the center of a class action lawsuit claiming it violated federal rules when it contacted people about their car warranties expiring.

The class action lawsuit, which names Affordable Auto Protection, was filed in a Palm Beach, Florida court Monday alleging the company violated the Telephone Consumer Protection Act.

In the claim, a New Jersey man alleges the company, which describes itself as “one of the nation’s leaders in auto protection,” used “pre recorded telemarketing calls and text message calls to market and advertise” its services.

Eli Reisman claims the company called him multiple times on his cell phone, sometimes “using a prerecorded or artificial voice.”

One call, reported on March 16 “included a recorded message stating that the Plaintiff’s car warranty was expiring and that Plaintiff should press a button on his telephone keypad to speak with someone,” according to the class action lawsuit.

After that call, Reisman received a similar message on April 20. He was transferred to a live agent and told them he did not want to receive additional calls or texts, according to the claim.

The company’s privacy policy states that anyone who provides information on its website is “requesting and expressly consenting to be contacted via telephone, email, sms / txt message, and/or mail by us and our partners and affiliates, regardless of whether your telephone number is on any Do Not Call list(s).”

But Resiman said he never gave the company his number and never inquired about Affordable Auto Protection’s services. He is also registered on the National Do Not Call Registry.

“Month after month, unwanted robocalls and texts, both telemarketing and informational, top the list of consumer complaints received by the [FCC],” the class action states. “The TCPA is designed to protect consumer privacy by, among other things, prohibiting the making of autodialed or prerecorded-voice calls to cell phone numbers and failing to institute appropriate do-not-call procedures.”

The TCPA was enacted in 1991 “to address a growing number of telephone marketing calls.” The act restricts calls from telemarketers and the use of automatic telephone dialing systems or prerecorded messages.

In 2012, the FCC revised the rules of the act to require telemarketers to “obtain prior express written consent from consumers before robocalling them.” It also required telemarketers to provide an “opt-out” option and restricted use of so-called autodialers.

Attorneys believe there could be at least 40 others involved in the class action lawsuit.

If you received a telemarketing call, a prerecorded message, or a text message from a company and you did NOT provide that company consent to do so, you may have a claim against that company for violating the TCPA. Attorneys are prepared to investigate your case and see if you have a claim.

The plaintiff is represented by Seth Michael Lehrman of Edwards Pottinger, LLC.

The Auto Warranty TCPAClass Action Lawsuit is Reisman v. Affordable Auto Protection, LLC, Case No. 9:21-cv-80889, in the U.S. District Court Southern District of Florida, Palm Beach Division.

Read About More Class Action Lawsuits & Class Action Settlements:

• First California Financial Harasses Consumers, Invades Privacy With Robocalls, Class Action Claims
• Do You Qualify: Text Message Spam, Pre-recorded Messages, Telemarketing Calls Class Action Lawsuit Investigation
• Costco Hit With Class Action Over Car Battery Warranty Claims
• Do You Qualify: Ringless Voicemail Class Action Lawsuit Investigation