Fortegra Financial Corporation Allegedly Engaged Ensurety Ventures, LLC, doing business as Omega Auto Care, To Establish an Automated Calling Operation to Place Unsolicited Telemarketing Calls to the Cellular Phones of Thousands of Consumers Across the U.S.

On February 20, 2018, a class action complaint was filed in United States District Court, Middle District of Florida, Jacksonville Division, against Fortegra Financial Corporation and Ensurety Ventures, LLC, d/b/a Omega Auto Care, for statutory damages and other relief, as a result of allegedly contacting the Plaintiff and other class members on their cellular phones without prior express consent through the use of an automatic telephone dialing system and/or via an artificial or prerecorded voice in violation of the Telephone Consumer Protection Act (“TCPA”).

Fortegra Financial, according to the complaint, is a subsidiary of Tiptree Financial, Inc. that provides automotive warranty underwriting services across the United States.  Ensurety Ventures, d/b/a Omega Auto Care, is an automotive warranty administrator which sells and services automotive warranty policies and “partners” with Fortegra Financial regarding such warranty policies.

The complaint alleges that in an effort to increase sales of automotive warranty products, Fortegra and Omega partnered to establish an automated calling operation operated by third parties to solicit potential customers through the daily use of an automated telephone dialing system to make unsolicited phone calls to the cell phones of thousands of potential customers.

The TCPA class action complaint states that in May 2017, the Plaintiff received an automated robocall to his cellular telephone from telephone number (614) 335-4282.  It is believed the call to the Plaintiff’s cell phone was made using predictive or automated dialing technology, as evidenced by the substantial pause at the beginning of the call and multiple times the Plaintiff said “Hello?,” before a real person came on the line and identified himself as having made the call on behalf of Omega Auto Care.  The Plaintiff, allegedly, remained on the phone with the Omega representative for 16 minutes and obtained a quote for an extended auto warranty.

Among other relief, the class action seeks $500 in statutory damages for each violation of the TCPA and treble, or triple, damages of $1500 for each willful or knowing TCPA violation.

Have You Received Unsolicited, Unwanted or Harassing Autodial, Automated or Prerecorded “Robocalls” or Text Messages to Your Cellular Telephone from Telemarketers, Banks or Credit Card, Mortgage, Student Loan or Other Companies on Your Cell Phone Without Your Prior Express Consent?
Have You Received Debt Collection Robocalls On Your Cellular Telephone Where You Requested Not to Receive, or Opted-Out from Receiving, Automated Debt Collection Calls?
Have You Received “Junk Fax” Advertisements That You Did Not Consent to Receive?

If so, you may have grounds to bring a private right of action, or lawsuit, under the Telephone Consumer Protection Act to try and recover statutory damages of between $500 and $1,500 for each TCPA violation.  If you would like to speak privately with an attorney at no cost or obligation to you about your potential legal rights or claims, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or send an e-mail to [email protected].

Kehoe Law Firm, P.C.