More Than 100 Unsolicited, Prerecorded Calls Alleged

Mar 30, 2020 | Consumer Protection, Employment & Technology Archive

Class Action Lawsuit Filed Against TracFone Wireless, Inc. d/b/a SafeLink Wireless – Alleged Violations of The Telephone Consumer Protection Act

Kehoe Law Firm, P.C. is making consumers aware that a class action lawsuit was filed against TracFone Wireless, Inc., d/b/a SafeLink Wireless, in United States District Court, Southern District of Florida, for alleged violations of the Telephone Consumer Protection Act.

According to the class action complaint:

Beginning at least as early as April 5, 2016, Plaintiff received more than one hundred  unsolicited, prerecorded phone calls on his residential telephone number from, or on behalf, of SafeLink.

The April 5, 2016 call used a prerecorded voice and stated:

Hi, this is Stacy from SafeLink, a service of TracFone calling with a special message for SafeLink customers. If you no longer wish to receive these messages please call 1-888-449-3610. If you have extra change in your pocket from taxes, then take advantage of this great offer for our SafeLink customers. Now you can get 350 minutes for only $10. Just go to your nearest Dollar General Store or call 1-888-449-3610 to have the airtime added to your phone. Again, get 350 minutes for only $10 by going to Dollar General or calling 1-888-449-3610. Thanks for being a SafeLink customer and have a great day. [Emphasis in original and added.]

According to the complaint, the Plaintiff has never been a customer of SafeLink, and the “more than one hundred calls” received by Plaintiff “all identified SafeLink by name.”

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.

Protected Health Information Data Breaches Under HHS Investigation

Mar 30, 2020 | Consumer Protection, Employment & Technology Archive

Kehoe Law Firm, P.C. is making individuals aware of the following data breach cases of unsecured protected health information affecting 500 or more individuals currently under investigation by the U.S. Department of Health and Human Services, Office for Civil Rights:

Source: Ocrportal.hhs.gov (Accessed 03.30.2020)

NOTE: The U.S. Department of Health and Human Services, Office for Civil Rights, Breach Portal, lists all breaches reported within the last 24 months that are currently under investigation by the Office for Civil Rights.  The data reported herein does not include all cases currently under investigation by the Office for Civil Rights.  Resolved data breach reports and/or reports older than 24 months can be viewed at Ocrportal.hhs.gov. 

Have You Been Impacted by A Data Breach?

If so, please either contact Kehoe Law Firm, P.C. Partner Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form on the right or send an e-mail to [email protected] for a free, no-obligation case evaluation of your facts to determine whether your privacy rights have been violated and whether there is a basis for a data privacy class action.

Examples of the type of relief sought by data privacy class actions, include, but are not limited to, reimbursement of identity theft losses and of out-of-pocket costs paid by data breach victims for protective measures such as credit monitoring services, credit reports, and credit freezes; compensation for time spent responding to the breach; imposition of credit monitoring services and identity theft insurance, paid for by the defendant company; and improvements to the defendant company’s data security systems.

Data privacy class actions are brought on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs.  Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.

Kehoe Law Firm, P.C.

Houseware and Furniture Products “Made in USA” Claims

Mar 30, 2020 | Consumer Protection, Employment & Technology Archive

Williams-Sonoma, Inc. Agrees to Stop Making Overly Broad and Misleading “Made in USA” Claims About Houseware and Furniture Products – Williams-Sonoma Required to Pay $1 Million to Settle FTC Charges

Kehoe Law Firm, P.C. is making consumers aware that n March 30, 2020, the FTC advised that Williams-Sonoma Inc. has agreed to stop making false, misleading, or unsubstantiated claims that all of its Goldtouch Bakeware products, its Rejuvenation-branded products, and Pottery Barn Teen and Pottery Barn Kids-branded upholstered furniture products are all or virtually all made in the United States.  As part of the proposed settlement, Williams-Sonoma is required to pay $1 million to the FTC.

The San Francisco-based company, also doing business as Williams Sonoma, Williams Sonoma Home, Pottery Barn, Pottery Barn Kids, Pottery Barn Teen, West Elm, Rejuvenation, Outward, and Mark & Graham, markets its products throughout the United States, in stores and on its websites and social media platforms.

According to the FTC’s complaint, Williams-Sonoma deceptively claimed in advertisements and promotional materials that certain categories of its products were all, or virtually all, made in the United States.

In 2018, the FTC received reports that Williams-Sonoma claimed in ads and promotional materials for Pottery Barn Teen organic mattress pads that those products were “Crafted in America from local and imported materials.” When consumers purchased the mattress pads, they discovered that the pads, in fact, were made in China, according to the FTC’s complaint. Williams-Sonoma quickly corrected the country-of-origin information for the mattress pads, and agreed to comply with the FTC’s requirement that it undertake a larger review of its country-of-origin verification process. Consequently, on June 13, 2018, the FTC staff issued a letter closing the investigation.

The FTC alleges that since the closing letter was issued, Williams-Sonoma has made misleading claims that all Goldtouch Bakeware, Rejuvenation-branded products, and Pottery Barn Teen and Pottery Barn Kids-branded upholstered furniture products, including raw materials and subcomponents, were all or virtually all made in the United States. These claims include:

• Goldtouch Bakeware is made in America or in the USA. This claim appeared on the company’s website and in its catalogue.
• On the company website and in emails, Rejuvenation-branded products are made in America or in the USA.
• In a company video, Pottery Barn Teen and Pottery Barn Kids-branded upholstered furniture is made in America or in the USA.

According to the FTC’s complaint, numerous Goldtouch Bakeware products, Rejuvenation-branded products, and Pottery Barn Teen and Pottery Barn Kids-branded upholstered furniture products are wholly-imported, or contain significant imported materials or components. Therefore, Williams-Sonoma, allegedly, deceived consumers with its broad claims that all items in these product lines are all or virtually all made in in the United States.

Under the terms of the proposed order, Williams-Sonoma is prohibited from making unqualified U.S.-origin claims for any product, unless it can show that the product’s final assembly or processing—and all significant processing—takes place in the United States, and that all or virtually all components of the product are made and sourced in the United States. Under the order, any qualified Made in USA claims must include a clear and conspicuous disclosure about the extent to which the product contains foreign parts, components, and/or processing. To claim that a product is assembled in the United States, Williams-Sonoma must ensure that it is last substantially transformed in the United States, its principal assembly takes place in the United States, and United States assembly operations are substantial.

The FTC’s order also prohibits Williams-Sonoma, its officers, and any other company representatives from making untrue, misleading, or unsubstantiated country-of-origin claims in their marketing materials about any product or service.

Source: Federal Trade Commission – FTC.gov

Kehoe Law Firm, P.C.

FTC Warns Against Assisting Illegal Coronavirus Telemarketing

Mar 29, 2020 | Consumer Protection, Employment & Technology Archive

FTC Warns Nine VoIP Service Providers and Other Companies Against ‘Assisting and Facilitating’ Illegal Coronavirus-related Telemarketing Calls

Kehoe Law Firm, P.C. is making consumers aware that on March 27, 2020, the FTC advised that it sent letters to nine Voice over Internet Protocol (VoIP) service providers and other companies warning them that “assisting and facilitating” illegal telemarketing or robocalls related to the coronavirus or COVID-19 pandemic is against the law. Many of these calls, according to the FTC, prey upon consumers’ fear of the virus to perpetrate scams or sow disinformation.

The staff of the FTC sent the letters to the following companies: 1) VoIPMax; 2) SipJoin Holding, Corp.; 3) iFly Communications; 4) Third Rock Telecom; 5) Bluetone Communications, LLC; 6) VoIP Terminator, Inc., also known as BLMarketing; 7) J2 Web Services, Inc.; 8) VoxBone US LLC; and 9) Comet Media, Inc.

The letters stress that combatting illegal telemarketing is a top priority of the FTC, with a special emphasis on stopping illegal robocalls. The FTC staff’s letters cite two cases the FTC has brought in this area, one against James B. Christiano whose companies provided software to robocallers, and another against a VoIP service provider called Globex Telecom.

The FTC’s letters also cite two civil enforcement actions the Department of Justice has taken against VoIP companies and their owners for “committing and conspiring to commit wire fraud by knowingly transmitting robocalls that impersonated federal government agencies.”

The letters warn the recipients that the FTC may take legal action against them if they assist a seller or telemarketer who they know, or consciously avoid knowing, is violating the agency’s Telemarketing Sales Rule (“TSR”).

The FTC letters note several types of conduct that may violate the TSR, including:

• making a false or misleading statement to induce a consumer to buy something or contribute to a charity;
• misrepresenting a seller or telemarketer’s affiliation with any government agency;
• transmitting false or deceptive caller ID numbers;
• initiating pre-recorded telemarketing robocalls, unless the seller has express written permission to call; and
• initiating telemarketing calls to consumers whose phone numbers are on the National Do Not Call Registry, with certain exceptions.

Source: Federal Trade Commission – FTC.gov

Kehoe Law Firm, P.C.

Credit Collection Services, Et Al – TCPA Violations Alleged

Mar 27, 2020 | Consumer Protection, Employment & Technology Archive

Class Action Alleging TCPA Violations Filed Against Credit Collection Services, Inc., d/b/a Credit Collection Services; CCS Commercial, LLC; Customer Contact Solutions, LLC; ClaimAssist, LLC; First USA Financial, LLC and Other Defendants, As of Yet Unknown

Kehoe Law Firm, P.C. is making consumers aware that on March 26, 2020, a class action lawsuit was filed in United States District Court, Central District of California, against Credit Collection Services, Inc., d/b/a Credit Collection Services; CCS Commercial, LLC; Customer Contact Solutions, LLC; ClaimAssist, LLC; First USA Financial, LLC and other Defendants, as of yet unknown for, “allegedly, negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone in violation of the Telephone Consumer Protection Act, 47. U.S.C. § 227 et seq. . . . and related regulations.”

According to the complaint, “[b]eginning in or around September 2019, Defendants contacted Plaintiff on Plaintiff’s cellular telephone number . . . in an attempt to solicit Plaintiff to purchase Defendants’ services.” The Defendants, allegedly, “used an ‘automatic telephone dialing system’ to place its call to Plaintiff seeking to solicit its services.”

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.

Recent Robocall-Related TCPA Class Actions

Mar 27, 2020 | Consumer Protection, Employment & Technology Archive

Kehoe Law Firm, P.C is making consumers aware of the following class action lawsuit filings:

Grand Caribbean Cruises, Inc.

Class action lawsuit filed on March 26, 2020 against Grand Caribbean Cruises, Inc. in United States District Court, Southern District of Florida, alleging violations of the Telephone Consumer Protection Act.

According to the complaint, Grand Caribbean Cruises “and/or its agents call consumers using a prerecorded voice, purporting to give away ‘free cruises’ in the hopes of upselling consumers on other vacation packages.” Allegedly, the Plaintiff’s cell phone was contacted “on numerous occasions” from telephone number (832) 536-4717.

LifeEnergy, LLC

Class action complaint filed on March26, 2020 against LifeEnergy, LLC and an as of yet unknown “John Doe Corporation”  in United States District Court, Northern District of Ohio, Eastern Division, alleging violations of the Telephone Consumer Protection Act.

According to the complaint, “LifeEnergy is a certified supplier in the Ohio Energy Program, offering electricity[] and natural gas to consumers in Ohio.”  Allegedly, “John Doe Corporation initiated a prerecorded telemarketing call to the cellular telephone numbers of Plaintiff and the Class to promote LifeEnergy in violation of the TCPA.”  In January 2019, the Plaintiff, according to the complaint, “received an unsolicited, pre-recorded phone call on his cellular telephone,” during which “a pre-recorded voice . . . stated that John Doe Corporation was calling to offer Plaintiff discounted electricity.”  When Plaintiff was connected to a representative from John Doe Corporation, Plaintiff was “asked . . . for his electricity billing account number and [told] that Defendant LifeEnergy would be the supplier.”

New Leaf Naturals

Class action lawsuit filed on March 26, 2020 against New Leaf Naturals in United States District Court, Eastern District of California, alleging violations of the Telephone Consumer Protection Act.

According to the complaint, New Leaf Naturals “sent a telemarketing text message[]” from (859) 305-9812 to the cell phone of the Plaintiff.  The complaint contained the following image of the text message the Plaintiff allegedly received:

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.