Attorney General Hardy Myers today sued a Portland auto glass repair company and announced court actions against nine other companies for violations of Oregon's "No Call List" law. The lawsuit and three Assurances of Voluntary Compliance (AVC) today were filed in Marion County Circuit Court. Six other agreements were recently filed in Oregon courts.
Named in today's lawsuit are Mike Tennyson and Richard Carnegey of Portland, who do business throughout Oregon as Winshields (sic) To Go. The lawsuit alleges that the company ignored Oregon's "No Call" List telemarketing law by not subscribing to the List program and solicited consumers over the telephone that subscribed to the program.
"Oregon will not tolerate violators of its telemarketing laws," Myers said. "The defendants refused to cooperate with our office and would not provide minimal information that we require of companies doing business in Oregon."
The Department of Justice received 20 written complaints against the company including two consumers who received second calls from the company after informing the solicitor that they were on the "No Call" list and to not call again.
The lawsuit seeks civil penalties of $500,000 for the 20 complaints and reasonable attorney fees. Justice also asks the Court to permanently prevent the two defendants from doing business of any kind in the State of Oregon.
Named in today's Assurances of Voluntary Compliance are three out-of-state companies including AG Edwards of St. Louis, Missouri, American Remodeling of Vancouver, Washington and American Phone Services Corporation (APS) of Alpharetta, Georgia. American Remodeling failed to subscribe to the "No Call" List program in a timely manner, resulting in 16 consumers being called whose names appeared on the List. AG Edwards has a functioning "No Call" compliance program but experienced a month-long problem, resulting in four complaints being filed with Justice.
American Phone Services Corporation (APS), a long-distance telecommunications business, allegedly violated several sections of the Unlawful Trade Practices Act including "No Call." Other complaints against the company concerned misleading offering prices for long-distance services and misrepresenting the name of the company making the solicitation.
Named in six recently filed Assurances of Voluntary Compliance concerning "No Call" List law violations are:
Nationwide Security Alarms, Gresham; security systems.
Crystal Springs Water, Clackamas; beverage vendor.
Willamette Securities, Inc., Portland; securities broker.
Diane Carole Taylor doing business as Security Trust Mortgage, Portland; telephone solicitation.
Clete Cardwell doing business as America's First Choice, Vancouver, Washington; window and siding.
TruGreen Limited Partnership (doing business as TruGreen ChemLawn), Memphis, Tennessee.
Under the terms of the AVCs, all nine companies agree to comply with Oregon's telemarketing laws. Those named will pay a total of $44,700 to the Justice Consumer Protection and Education Fund.
Consumers wanting to register their residential numbers on the List may call the List administrator, Oregon No Call, at 1-877-700-6622 and ask to have a registration form mailed to their home. Consumers and telemarketers may visit the Oregon "No Call" List web site at www.ornocall.com and register online. [UPDATE: The Oregon No Call web site is no longer operational. To sign up for the federal Do Not Call registry, go to www.donotcall.gov. And then add the hyperlink to www.donotcall.gov.]
Consumers wanting information on "No Call" or any other consumer issue may call the Attorney General's consumer hotline at (503) 378-4320 (Salem area only), (503) 229-5576 (Portland area only) or toll-free at 1-877-877-9392. The Department of Justice web site is www.doj.state.or.us.
Jan Margosian, (503) 947-4333 (media line only) firstname.lastname@example.org