A second lawsuit pertaining to robocall fraud has been filed in opposition to Household First Life in Michigan.
Plaintiff Mark Dobronski initially filed swimsuit in opposition to Household First Life and a number of other defendants on August thirty first, 2022.
Dobronski initially secured an Entry of Default on Household First Life in November 2022.
This was overturned on February eighth, 2023. The courtroom discovered that Household First Life was improperly served discover of the lawsuit.
On February twenty second, Dobronski filed an Amended Criticism.
Dobronski’s Amended Criticism names the next defendants;
- Household First Life LLC – MLM firm that markets third-party life insurance coverage insurance policies
- United of Omaha Life Insurance coverage Firm – “a life and well being insurer organized and present underneath the legal guidelines of the state of Nebraska”
- Americo Monetary Life and Annuity Insurance coverage Firm – ” a life and well being insurer organized and present underneath the legal guidelines of the state of Texas”
- Nice Western Insurance coverage Firm – ” an organization organized and present underneath the legal guidelines of the state of Iowa”
- Your Senior Care INC – “an organization organized and present underneath the legal guidelines of the state of California”
- Khonsavan Vongdara – “a supervisor for Defendant FFL, and holds himself out as being an agent for Defendants Omaha, Americo, and Western”
- Lewis Friedman aka Luke Friedman – “the proprietor of Defendant Your Senior Care, and holds himself as being an agent for Defendants Americo and Western”
- Shannon Adams – “employed by Defendant FFL and as being an agent for Defendant Americo”
- Donte C. Grant – “an worker of Defendant FFL and an agent for Defendants United and Americo”
- Olivia Perez – “an worker of Defendant FFL and an agent for Defendants United and Americo”
- Vanina E. Bonanno – “an worker of Defendant FFL and an agent for Defendant United”
- Vanessa Isabel Powell – “an worker of Defendant FFL and an agent for Defendant United”
- Emmanuel Chibuzor Igweh – “an worker of Defendant FFL and an agent for Defendants Americo and United”
- Dario Joseph Wickham – “holds himself out as an agent of Defendant Americo”
- Blake Hunter Scheifele – “a supervisor at Defendant FFL, and holds himself out as an agent of, inter alia, Defendant Western”
- Paul Ryan Christle – “an worker or agent of Defendant FFL, and holds himself out as an agent of, inter alia, Defendants Western and Omaha”
- Gretchen Louise Drouhard – “an worker or agent of Defendant FFL, and holds herself out as an agent of Defendant Omaha”
In his Amended Criticism, Dobronski claims his residential and mobile phone numbers, all of that are listed on the FTC’s Nationwide Do Not Name Registry,
have been besieged with telemarketing calls hawking things like alarm programs, Google listings, vehicle warranties, medical insurance, life insurance coverage, bank cards, and even monetary miracles from God.
Some calls are blatant scams, together with calls purportedly from the Social Safety Administration, the U.S. Drug Enforcement Administration, and different authorities businesses, claiming that arrest warrants have been issued in opposition to Plaintiff for alleged drug trafficking and cash laundering actions.
Particular to Household First Life and alleged violations of the Phone Shopper Safety Act, Michigan Phone Firms as Frequent Carriers Act, Michigan House Solicitation Gross sales Act and the Michigan Shopper Safety Act, Dobronski states;
FFL represents to its brokers that FFL is a superior IMO over others as a result of it has entry to “unique,” “recent” leads which are “newly generated” and have “by no means been used.”
Leads, in response to FFL, are potential shoppers who’re looking for insurance coverage merchandise.
FFL additionally gives its brokers with entry to automated phone dialing platforms and companies to facilitate telephoning customers en masse to market the IMO’s insurance coverage carriers’ merchandise.
These automated phone dialing platforms use a random quantity or sequential quantity generator and have the capability to name individuals at random with no human involvement.
Defendant FFL is nicely conscious that the automated phone dialing platforms and telemarketing actions which it directs its brokers to make the most of are unlawful and violate the TCPA, as Defendant FFL has been haled into varied federal district courts by plaintiffs relative to stated tortious exercise.
Moreover, is nicely conscious of its involvement in unlawful telemarketing as FFL has been the topic of quite a few complaints to the Higher Enterprise Bureau and different shopper oriented businesses concerning the unlawful telemarketing engaged in by FFL and its brokers.
Defendant FFL is nicely conscious that the “top quality leads” which FFL foists upon its brokers for cash are of doubtful high quality and, definitely, not supported by any type of prior categorical written consent from any of the customers, as FFL has been beforehand haled into varied federal district courts relative to FFL’s fraudulent lead practices.
Defendant FFL resells the identical “unique”, “top quality” results in a number of brokers, knowingly permitting a number of brokers to contact the identical customers to aim to promote a number of insurance coverage insurance policies.
The Federal Commerce Fee (“FTC”) has issued a stop and desist demand to FFL after figuring out that FFL has engaged in making illegal misrepresentations to its potential brokers concerning the FFL enterprise alternative.
BehindMLM coated the FTC’s 2021 stop and desist, noting that it pertained to Household First Life “earnings claims associated to COVID-19”.
In case you’re questioning the place United of Omaha Life Insurance coverage Firm, Americo Monetary Life and Annuity Insurance coverage Firm and Nice Western Insurance coverage Firm slot in, Dobronski claims they’re “insurance coverage carriers who contract with FFL”.
The Insurance coverage Firms are every nicely conscious that FFL and its brokers interact in unlawful telemarketing to promote their respective insurance coverage merchandise, however stated defendants interact in willful blindness and disrespect proof of stated unlawful telemarketing as stated defendants make substantial earnings resultant from the aforesaid unlawful telemarketing actions.
Certainly, every of the Insurance coverage Firms lend help to the unlawful telemarketing actions by giving the brokers entry to their respective laptop programs for functions of pricing knowledge and getting into potential insureds’ software info, in addition to the authority to make use of the corporate’s trademark and repair market – all hallmarks of precise authority; and stated defendants ratify the unlawful telemarketing actions by accepting and processing the purposes for insurance coverage so obtained.
The decision facilities Household First Life and its contracted companions use are purportedly
normally positioned outdoors america, sometimes within the Asian continent, and thus normally outdoors the attain of United States legal guidelines and legislation enforcement authorities.
The decision facilities, in flip, rent people to behave as lead mills – recognized in telemarketing parlance as “ropers” – to pre-qualify known as customers as as to if the patron meets the qualification standards for particular insurance coverage merchandise.
The lead generator or “roper” will interact in misleading and unlawful methods to solicit customers, together with, inter alia: manipulating the caller identification such that the caller can’t be simply recognized or known as again; figuring out with a false or generic-sounding enterprise title; intentionally calling phone numbers which seem on the Nationwide Do Not Name Registry; refusing to supply figuring out info to the known as occasion upon inquiry; uttering profanities to or in any other case threatening or harassing the known as occasion if the patron doesn’t cooperate by expressing curiosity or offering requested private info or the known as occasion requests to not be known as.
As soon as a lead generator or “roper” has a shopper who meets the qualification standards – referred to in telemarketing slang because the “mark” – the lead generator will then stay switch the decision to an Agent who will then try to shut the sale of the insurance coverage product to the patron.
It’s normally solely late at this stage {that a} known as occasion would possibly be taught any figuring out info as to the supply of the phone name.
Dobronski claims to have “obtained nicely over 500 phone calls from telemarketers” over the previous 12 months.
The Amended Criticism particulars a minimum of fifty-six documented calls, which Dobronski (Plaintiff) tracked by the usage of generated aliases;
Name Quantity 5
On April 12, 2022, at roughly 3:42 P.M., Defendants or Defendants’ agent initiated a name to Plaintiff’s residential phone quantity ***-***-1212.
The caller identification quantity displayed was [redacted] and the caller identification title displayed was PLYMOUTH MI.
Upon answering the phone, there was a “boink” sound adopted by a 4-5 second delay earlier than a stay telemarketer got here on to the road and recognized himself as “Benjamin with Senior Advantages.”
“Benjamin” requested to talk with “Mr. Simpson.”
Benjamin sought private figuring out info from Plaintiff, together with age, date of start, and deal with. Benjamin requested Plaintiff to confirm that his first title was Derrick.
“Derrick Simpson” was an alias Dobronski had fed to telemarketers on an earlier name.
The decision was then transferred to a feminine telemarketer who recognized herself as Olivia Perez, said that she was a licensed insurance coverage agent, and that she labored for FFL.
Perez then tried to promote Plaintiff a life insurance coverage coverage with Americo and one other with United. Perez supplied her phone quantity as [redacted], which is a disconnected phone quantity.
Throughout the name, Plaintiff inquired in regards to the “man at first of the decision who spoke poor English”, to which Perez defined that the male was “our lead technology specialist… his job is to switch the decision to [her].”
On the conclusion of the decision, Plaintiff dialed again phone quantity [redacted] and obtained a recording that the quantity was disconnected.
On one other subsequent name with Perez, wherein Dobronski had used one other alias,
Plaintiff confronted Perez concerning the telemarketer who recognized himself as Zack who initiated the decision, to which Perez responded that the telemarketer works for her firm from one in all two switch facilities, one positioned in Pakistan and the opposite within the Phillipines, and that they make the most of a database of all individuals over the age of 65 and randomly name the phone numbers of these individuals.
Instantly after the termination of the decision, Plaintiff dialed the caller identification quantity displayed [redacted], which was a non-working phone quantity.
In but extra documented calls, different Household First Life distributors seem to have supplied Dobronski with bogus credentials.
Upon answering the phone, Plaintiff noticed roughly a 5 (5) second delay earlier than a stay telemarketer got here onto the road and recognized himself as “James” with “Ultimate Expense” and requested for “Derrick Simpson.”
“James” then started to pre-qualify Plaintiff for all times insurance coverage.
The decision was then transferred to a person who recognized himself as “Chris Martin” with “Household First Life” who said that he was a licensed insurance coverage agent and continued to pre-qualify Plaintiff.
Plaintiff inquired as to Martin’s license quantity, to which Martin supplied the quantity “M6071217″; upon overview the quantity seems to be false.
Upon inquiry, Martin supplied his phone quantity as [redacted]; dialing again the quantity merely rings
The decision was then transferred to a person who recognized himself as “Jacob Taylor” within the “Ultimate Expense Division”, who then started quoting charges for a life insurance coverage coverage with Americo.
Plaintiff inquired as to Taylor’s license quantity, to which Taylor responded 19247602; upon overview the quantity seems to be false.
Upon inquiry, Taylor additionally supplied his phone quantity as [redacted].
Upon termination of the decision, Plaintiff dialed again the caller identification quantity show ([redacted]), which was a disconnected quantity.
Different callers merely hung up when requested for his or her insurance coverage license credentials.
In some cases, Dobronski initiated what he phrases “confrontation calls”. In these calls Dobronski made contact with Household First Life distributors who contacted him.
On August 15, 2022, Plaintiff telephoned and spoke with Khonsavan Vongdara.
Particularly, Plaintiff confronted Vongdara concerning the phone name recognized as Name Quantity 17 alleged at Paragraphs 158 by 163, supra, and Name Quantity 19 alleged at Paragraphs 168 by 173, supra.
Throughout the confrontation name, Vongdara represented that the individuals recognized as Kevin, John Murphy, and Mr. Zion had been Vongdara’s workers.
When Plaintiff informed Vongdara that Plaintiff’s phone numbers had been on the nationwide don’t name registry, Vongdara assured Plaintiff that now that Plaintiff had bought a life insurance coverage coverage, there can be no additional calls.
“Mr. Zion” known as up Dobronski an hour later.
Roughly one hour after Plaintiff had spoken with Vongdara, Plaintiff obtained a name on his mobile phone.
The caller recognized himself as Zion Aydin. Zion said that his dealer (Vongdara) had known as him concerning Plaintiff having complained to Vongdara.
Zion requested Plaintiff to “simply neglect about” the incident. Zion claimed that he had 2 youngsters and that his bosses had been mad at him.
Zion then informed an unbelievable story a few lady named “Helen” (whom Zion doesn’t know the final title of) who controls his cash and pays his payments.
Zion claimed to stay in West Virginia; then modified the situation to Se-ah-till-ee (phonetic), Washington; then claimed to reside at [redacted] Evergreen Approach, in Everett, Washington (which deal with, upon investigation, is a Safeway grocery retailer).
Dobronski claims that
For every name alleged herein initiated to Plaintiff’s phone line, Plaintiff suffered the harm of invasion of privateness and intrusion on Plaintiff’s proper of seclusion.
It’s nicely settled underneath Michigan legislation that company workers and officers are personally chargeable for all tortious and legal acts wherein they take part, no matter whether or not they’re performing on their very own behalf or on behalf of an organization.
A company officer or director is, typically, personally chargeable for all torts which he authorizes or directs or wherein he participates, however that he acted as an agent for the company and never on his personal behalf.
To that finish, Dobronski seeks to carry Household First Life and the opposite defendants accountable.
Alleged causes of motion in Dobronski’s Amended Criticism embrace:
- 34 violations of the TCPA – autodialer name;
- 2 violations of the TCPA – recorded message name;
- 5 violations of the TCPA – untimely hold up;
- 25 violations of the TCPA – deserted name;
- 55 violations of the TCPA – don’t name;
- 56 violations of the TCPA – no written DNC coverage;
- 56 violations of the TCPA – failure to coach;
- 56 violations of the TCPA – failure to document DNC request;
- 34 violations of the TCPA – failure to determine;
- 56 violations of the TCPA – no don’t name checklist;
- 45 violations of the TCPA – falsified caller ID;
- violation of the Michigan Phone Firms as Frequent Carriers Act; and
- violation of the Michigan House Solicitation Gross sales Act
Dobronski is looking for an injunction in opposition to Household First Life and the defendants, an injunction and $694,000 in damages.
On March tenth, Household First Life filed three Motions to Dismiss, citing totally different reasoning in every movement.
A listening to on the motions has been scheduled for Could tenth.
In late 2021, eleven months earlier than Dobronski filed his preliminary criticism, Household First Life was sued over related robofraud allegations in Florida.
That lawsuit remains to be taking part in out, having been referred to mediation final Could.
One more lawsuit, filed in June 2022, accuses Household First Lifetime of promoting dud leads. That proposed class-action can be nonetheless taking part in out.
