in Newswire Published on January 29, 2021

Choice Home Warranty Hit with Lawsuit Over Alleged Warranty Robocalls

Baker v. CHW Group, Inc.

Filed: January 28, 2021 ◆§ 2:21-cv-01308

A proposed class action claims Choice Home Warranty placed thousands of robocalls to consumers’ cell phones without securing prior express consent to do so.

Defendant(s)

CHW Group, Inc. Choice Home Warranty

Law(s)

Telephone Consumer Protection Act

State(s)

New Jersey

A proposed class action claims CHW Group, Inc., which does business as Choice Home Warranty, has placed thousands of robocalls to consumers’ cell phones without securing prior express consent to do so.

Per the lawsuit, Choice Home Warranty has attempted to market its home warranty services by using an automatic dialing system to place telemarking calls to consumers who never consented to be contacted by phone, and whose numbers were listed on the National Do Not Call Registry. The suit alleges Choice Home Warranty’s robocalls were placed in violation of the Telephone Consumer Protection Act (TCPA).

The plaintiff, a Vermont resident, says he’s received within the last 12 months automated telemarketing calls from Choice Home Warranty on “numerous occasions.” On one occasion, in December 2020, Choice Home Warranty allegedly left a voicemail in which a prerecorded or artificial voice stated:

“Hi this is Erica calling from Choice Home Warranty and we’re running our special Cyber Monday sale. We are able to offer you 20 percent off and your first month free. You can reach us directly at 1- 800-814-4345 to take advantage of this special Cyber Monday rate. You don’t want to miss this sale! So again, be sure to give us a call back at 1-800-814-4345. Have a great day.”

According to the suit, the plaintiff received the following month, on January 1, 2021, another voicemail from the defendant, in which a prerecorded or artificial voice said:

“This is Cynthia with Choice Home Warranty calling to offer you a better deal that [sic] you’re able to get online. You’re able to get a cheaper deal with me, a customer service representative. So when you get this message, please call me directly at 800-814-2534 extension 4025. Again this is Cynthia Clemens with Choice Home Warranty able to get you a better rate than you are able to get online. My direct extension is 800-814-2534 extension 4025.”

The plaintiff says his phone number had been listed on the National Do Not Call Registry for at least 31 days prior to receiving Choice Home Warranty’s calls, and claims he never provided the company with permission to place automated robocalls to his phone number.

Per the suit, the defendant has placed similar calls using a prerecorded or artificial voice to at least 10,000 landline and cellular telephones throughout the U.S. without obtaining prior express consent to do so from the call recipients. Moreover, the case claims many of the dialed numbers were listed on the National Do Not Call Registry.

The lawsuit alleges Choice Home Warranty did not maintain an internal do-not-call list or policy about the list, never informed or trained its employees regarding the use of the list and failed to honor do-not-call requests within a reasonable time.

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