Specific Auto Problems

Auto Warranty Telemarketing Class Action

Posted by Howard Gutman | Apr 18, 2024 | 0 Comments

A class action was filed against First American Home Warranty  (Kimble v First American Home Warranty Corp, Civil Action No. 2:23-cv-10037)

1. TCPA Do Not Call Claims 

The complaint alleges the warranty company made solicitation calls to residential subscribers whose numbers were registered on the Do Not Call Registry in violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227.  Plaintiff registered that cell phone number on the Federal Do Not Call Registry.  She registered that cell phone number on the Do Not Call list in order to obtain solitude from invasive and harassing telemarketing calls.  Plaintiff used that cell phone primarily for residential purposes.  Between December 2019 and January 2020, Defendant placed at least five (5) calls  for the purpose of soliciting a home warranty Kimble did not want or need. 

Have you received telemarketing solicitations, if so, call 973 598-1980  for a free consultation. 


Welcome to our guide on handling TCPA claims. The Telephone Consumer Protection Act (TCPA) regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. Violations of TCPA provisions can lead to significant legal consequences for businesses. This guide aims to provide individuals and businesses with a comprehensive understanding of TCPA regulations and how to handle TCPA claims effectively.

Understanding the TCPA
TCPA Violations
Handling TCPA Claims
Steps to Take
Seeking Legal Assistance
Defenses Against TCPA Claims

1. Understanding the TCPA:

Brief overview of the Telephone Consumer Protection Act
Key provisions of the TCPA, including restrictions on telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes
Importance of TCPA compliance for businesses

2. TCPA Violations:

Common examples of TCPA violations
Potential consequences of TCPA violations, including statutory damages and civil penalties

3. Steps to Take:

Documenting the violation: Keeping records of unsolicited communications, including dates, times, and nature of the communication
Cease and desist request: Sending a formal request to the caller to stop the unwanted communications.  

4. Filing a complaint

We can prepare a complaint if the defendant will not settle.   

Call (973) 598-1980 for a Free Consultation.  

About the Author

Howard Gutman

Hiring an attorney can be a stressful and confusing situation.  You want an expert, honest, personal approach to your case.  The Law Office of Howard Gutman has been fighting for consumer rights and representing commercial interests for over 20 years.  We have a deep knowledge of fraud, consumer,...


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