Author Topic: Agency Relationship / Who can I sue?  (Read 47 times)

0 Members and 1 Guest are viewing this topic.

aaabbb

  • Valued Member
  • Posts: 23
Agency Relationship / Who can I sue?
« on: Yesterday at 07:05:19 PM »
Starting January 1st of this year I began receiving robocalls from "Allison" with "Home Protection Technologies". I never consented to these calls and they violated almost every aspect of the TCPA. I have recordings of the vast majority of the calls.

After speaking with a live agent numerous times I was able to obtain only the following information:

1) When asked for a website, I was given www.Alarm.com one single time. Every other request for a website resulted in a fake url.
2) I received verbal admission from a supposed "manager" that Alarm.com is one of the alarm companies they affiliate with.

They were extremely evasive and lied constantly, so it was impossible to figure out who was actually calling me, but is this enough to establish that Alarm.com has an agency relationship with the caller for TCPA purposes?

bdrew6

  • Valued Member
  • Posts: 74
Re: Agency Relationship / Who can I sue?
« Reply #1 on: Yesterday at 07:33:27 PM »
I didnt find any TCPA cases for alarm.com (alarm INC) but I did find one case where the judge breaks down how alarm INC contracts out independent contractors.  Find out who the independent contractor is and sue both.   

"As stated in the Complaint, Firstline has been in the business of selling residential alarm systems primarily through door-to-door solicitations since approximately 2003. Alarm.com develops and sells products (Alarm.com Products) and services (Alarm. com Services) that permit and provide for the wireless transmission of communication signals between an alarm system and a central-station monitoring company. Alarm.com Products are integrated into alarm system control panels that are installed by authorized Alarm.com dealers when those dealers sell alarm systems to customers. These Alarm.com Products also contain imbedded, proprietary software that only allows Alarm.com to provide wireless transmission services to alarm systems containing Alarm.com Products.

On May 12, 2004, Firstline entered into an Alarm.com Dealer Agreement (Dealer Agreement) with Alarm.com which authorized Firstline, as an independent contractor, to sell Alarm.com Products and to sign up customers for Alarm.com Services under the terms of subscription agreements 555*555 (Subscription Agreements) between Alarm.com and Firstline customers (Subscribers).[2] Under the authorization granted by the Dealer Agreement, Firstline entered into its own agreements with its customers (Customer Accounts) that require its customers to pay to Firstline a one-time activation fee and a recurring monthly fee which covers the costs of an equipment package, a limited warranty, ongoing central-station monitoring, and, if the Firstline customer is also a Subscriber, a fee of approximately $4.95 for ongoing Alarm.com Services. In turn, Firstline is obligated to pay that Alarm.com Services fee to Alarm.com and to provide customer service and technical support for the associated Subscribers.

Historically, Firstline generated Customer Accounts during the summer months then sold most of those Customer Accounts to third-party purchasers to finance its business operations. In connection with the sale of Customer Accounts where the Firstline customer is also a Subscriber, Alarm.com requires two things. First, it requires third-party Customer Accounts purchasers (Dealer Programs) to enter into Dealer Program Agreements with Alarm.com. Under the Dealer Program Agreement, a Dealer Program agrees to pay Alarm.com a monthly service charge for all acquired Customer Accounts and to provide customer service and technical support for the associated Subscribers. Second, because Alarm.com controls from whom a Dealer Program may receive assignments of Customer Accounts, the assigning Alarm.com dealer must have received Alarm.com's consent and must be "in good standing with Alarm. com under the terms of their Alarm.com Dealer Agreement (including with respect to the payment of amounts due under such agreements)."[3]"
(Pro se) BK chap 7 {discharged}
(Pro se) 3 TCPA  {2 settled, 1 win (Federal)}
(Pro se) 1 FDCPA {1 settled}

howucantoo

  • Valued Member
  • Posts: 7436
Re: Agency Relationship / Who can I sue?
« Reply #2 on: Today at 12:04:39 AM »
I didnt find any TCPA cases for alarm.com (alarm INC) but I did find one case where the judge breaks down how alarm INC contracts out independent contractors.  Find out who the independent contractor is and sue both.   

"As stated in the Complaint, Firstline has been in the business of selling residential alarm systems primarily through door-to-door solicitations since approximately 2003. Alarm.com develops and sells products (Alarm.com Products) and services (Alarm. com Services) that permit and provide for the wireless transmission of communication signals between an alarm system and a central-station monitoring company. Alarm.com Products are integrated into alarm system control panels that are installed by authorized Alarm.com dealers when those dealers sell alarm systems to customers. These Alarm.com Products also contain imbedded, proprietary software that only allows Alarm.com to provide wireless transmission services to alarm systems containing Alarm.com Products.

On May 12, 2004, Firstline entered into an Alarm.com Dealer Agreement (Dealer Agreement) with Alarm.com which authorized Firstline, as an independent contractor, to sell Alarm.com Products and to sign up customers for Alarm.com Services under the terms of subscription agreements 555*555 (Subscription Agreements) between Alarm.com and Firstline customers (Subscribers).[2] Under the authorization granted by the Dealer Agreement, Firstline entered into its own agreements with its customers (Customer Accounts) that require its customers to pay to Firstline a one-time activation fee and a recurring monthly fee which covers the costs of an equipment package, a limited warranty, ongoing central-station monitoring, and, if the Firstline customer is also a Subscriber, a fee of approximately $4.95 for ongoing Alarm.com Services. In turn, Firstline is obligated to pay that Alarm.com Services fee to Alarm.com and to provide customer service and technical support for the associated Subscribers.

Historically, Firstline generated Customer Accounts during the summer months then sold most of those Customer Accounts to third-party purchasers to finance its business operations. In connection with the sale of Customer Accounts where the Firstline customer is also a Subscriber, Alarm.com requires two things. First, it requires third-party Customer Accounts purchasers (Dealer Programs) to enter into Dealer Program Agreements with Alarm.com. Under the Dealer Program Agreement, a Dealer Program agrees to pay Alarm.com a monthly service charge for all acquired Customer Accounts and to provide customer service and technical support for the associated Subscribers. Second, because Alarm.com controls from whom a Dealer Program may receive assignments of Customer Accounts, the assigning Alarm.com dealer must have received Alarm.com's consent and must be "in good standing with Alarm. com under the terms of their Alarm.com Dealer Agreement (including with respect to the payment of amounts due under such agreements)."[3]"


Who's the plaintiff ? What district? Can you please supply a link? thanks
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.
My PM is turned off.

tijuanasam

  • Valued Member
  • Posts: 52
Re: Agency Relationship / Who can I sue?
« Reply #3 on: Today at 06:15:33 AM »
look under the fictitous business name registrations for each state.
ca is a huge one for this...they're listed by county...some states, the sos has it. but...looking into registered fictitious names, will likely get waaay farther than before.

most of the dirtbag security telemarketers are in so cal youll find. 50% wont respond if you sue. fbn's are oyur friend when chasing these guys