Office of the Attorney General
Restraining Order Issued In Attorney General Conway's Suit Against Auto Warranty Telemarketer
FRANKFORT, Ky. (May 15, 2009) - Attorney General Jack Conway today announced that a Fayette Circuit judge has granted his request for a restraining order to stop a Nevada based telemarketing company from making deceptive auto warranty calls in Kentucky.
Fayette Circuit Judge Kim Bunnell issued the restraining order today against SVM, Inc., Fortress Secured, Inc. and their principal owner Mike Bruce Moneymaker. On Thursday, May 14, Attorney General Conway filed a consumer protection lawsuit against the telemarketer for making deceptive calls concerning automobile warranties to Kentucky consumers on the “Do Not Call” list.
“I appreciate Judge Bunnell’s quick consideration of this matter and hope that this will bring some relief to Kentucky consumers who have received these phony warranty calls on their cell phones and land lines,” said General Conway. “With this action, we have put other telemarketing companies trying to deceive consumers on notice that this type of harassment and disregard for the law will not be tolerated.”
The Attorney General’s complaint alleges numerous violations of the telemarketing “No Call” law and the Consumer Protection Act. The complaint alleges that false and deceptive misrepresentations were made on telemarketing calls to individuals in Fayette County and at least eight other counties.
The complaint further alleges that these telemarketers have failed to properly register with the Consumer Protection Division or to obtain a bond as required by Kentucky law. The Office of the Attorney General has received more than 400 complaints on auto warranty calls over the past 90 days.
States across the country are reporting similar deceptive telemarketing calls about auto warranties. Kentucky is participating with other attorneys general in a multistate investigation concerning the recent flood of such calls to consumers across the country. More lawsuits are expected to be filed as the investigation proceeds.
General Conway urges consumers who have not already signed up for the “No Call” list to do so today by calling 1-888-382-1222. A link to sign up is also available at www.nocall.ky.gov. Both cell phones and land lines should be placed on the Do Not Call Registry.
If you are on the “No Call” list and receive any telemarketing call that you believe is in violation of the law, file a written complaint online at www.nocall.ky.gov or call the attorney general’s Consumer Protection Office at (866) 877-7867 (STOP) to request a complaint form. Consumers are encouraged to report the phone number from which the call originated and any other details about the identity of the caller and the sales pitch. Calls from companies with whom the consumer has an established business relationship, or owes a debt or has provided consent to call, are not prohibited. Likewise, calls from charitable solicitors and callers conducting surveys are not prohibited under the Do Not Call law.
For more information on how to avoid auto warranty scams visit http://tinyurl.com/qplkyj.