Indiana, North Carolina Lean on Telemarketers

Attorneys General say companies are breaking the law

October 16, 2008

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Individual states are stepping pressure on telemarketers they say are breaking the law and violating consumers' rights.

Indiana Attorney General Steve Carter has filed a lawsuit against two companies for making illegal sales calls in the form of pre-recorded calls and by live operators to Indiana citizens whose phone numbers are registered on the state's Do Not Call list. North Carolina Attorney General Roy Cooper has secured an order forcing an Arizona marketer to make refunds to consumers.

In Indiana, Carter's lawsuit charges United American Technology Inc. and Damian Kutzner, doing business as and Liberty Management Inc., with using an automated dialing machine and live operators to call more than 80 phone numbers.

"We will not tolerate the privacy rights of citizens and state law being ignored," Carter said. "There are a variety of ways to make sales pitches to people in Indiana other than their private telephone line."

The lawsuit against the Oklahoma based company, United American Technology Inc., claims that from June of 2008 to August 15, 2008, the defendant made calls to Indiana citizens for the purpose of soliciting the sale of phone and internet services. Many of the calls were made with an automated dialing device, in violation of state law.

The lawsuit against Damian Kutzner, doing business as Liberty Management, Inc. based out of California, claims that from May through October of 2007, the defendant made calls to Indiana citizens to solicit the sale of debt consolidation and satellite TV service.

The state also alleges that both defendants violated Indiana's Do Not Call law by calling consumers whose phone numbers are registered on the list.

In North Carolina, consumers were enticed into advance fee credit card purchases, but never received anything in return.

"People gave this telemarketer their hard-earned money and got nothing to show for it," Cooper said. "We're urging consumers to contact us so they can get refunds."

Under a recent court judgment, consumers who paid Premier Nationwide Corporation an upfront fee to get a credit card or help improving their credit have until the end of the year to seek a full refund.

Premier, which also does business as Premier Savings and Premier Savings Consultant, and its president Eric C. Synstad of Scottsdale, Arizona also agreed to stop making illegal telemarketing calls to North Carolina consumers and to pay $30,000 for consumer education and enforcement efforts.

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