Judge John F. Grady of the United States District Court for
the Northern District of Illinois issued on May 15 a temporary restraining
order (TRO) against the parties involved in a telemarketing campaign of illegal robocalls.
The TRO stops telemarketing company Voice Touch Inc., its principals James and
Maureen Dunne, its business partner Network Foundations LLC, and Network
Foundations principal Damian Kohlfeld from making any further calls in
violation of the Do Not Call Registry and other provisions of the Telemarketing
Sales Rule and the FTC Act.
The Federal Trade Commission (FTC) filed the case on May 14,
charging that the defendants were operating a massive telemarketing scheme that
used random, pre-recorded phone calls to deceive consumers into thinking that
their vehicle’s warranty is about to expire.
“(The) FTC has disconnected the people responsible for so
many of these annoying robocalls,” said FTC Chairman Jon Leibowitz. “We expect
to see a dramatic decrease in deceptive auto warranty calls, but we are still
on high alert.” If consumers continue to receive unsolicited robocalls to
numbers on the Do Not Call registry, they should report them to DoNotCall.gov.
In a related matter filed by the FTC, Judge Grady yesterday
issued a temporary restraining order against automobile warranty sales company
Transcontinental Warranty, Inc., and its CEO and president, Christopher Cowart,
who are clients of Voice Touch. In both cases, the court found that the FTC
established a likelihood of success on the merits.
The court barred deceptive claims about extended warranties,
froze the defendants’ assets, and appointed receivers over Transcontinental and
Network Foundations to ensure that documents are preserved and assets are not
dissipated. The restraining orders are in effect until a preliminary injunction
hearing set for May 29, at which time the judge will reassess what type of
relief should remain in place until the case proceeds to trial.