Ohio Attorney General Mike DeWine today announced a lawsuit against a man accused of placing illegal robocalls to consumers in Ohio and other states.
According to the lawsuit, Kevin J. Calvin, doing business as Rocket Marketing, Network Solutions, and Made in America Cleaning and Restoration, placed about 1.6 million automated telemarketing calls advertising his cleaning services and violated state and federal telemarketing laws.
Calvin is accused of initiating the calls over a five-month period, often repeatedly calling the same telephone numbers. He allegedly used 60 different originating telephone numbers, which frustrated consumers’ efforts to block the calls. Calls were made before 8 a.m. or after 9 p.m., made to consumers who were listed on the National Do Not Call Registry, or placed without consumers’ permission.
“This is about protecting Ohio consumers from illegal robocalls,” Attorney General DeWine said. “When we find those who violate telemarketing laws, we hold them accountable.”
According to the Attorney General’s lawsuit, Calvin operated from an office at 431 Ohio Pike in Cincinnati, placing calls that used artificial or prerecorded voices. The calls instructed consumers to press “1” to be connected to a representative or to call a certain number to schedule services. When consumers responded, they often were disconnected, unable to reach a live representative, or their requests to opt out were ignored.
The lawsuit, filed in the Hamilton County Common Pleas Court, accuses Calvin of violating the Consumer Sales Practices Act, Telephone Solicitation Sales Act, and Telephone Consumer Protection Act. In the lawsuit, the Attorney General seeks an order finding the defendant’s actions in violation of the law, an injunction to stop further violations, consumer damages, and civil penalties.
State and federal telemarketing regulations limit many types of robocalls, including unsolicited prerecorded telemarketing calls to landline home telephones and autodialed or prerecorded calls or text messages to wireless numbers.
Sellers generally are prohibited from soliciting consumers using robocalls without first obtaining the consumer’s prior written consent, without identifying the caller, and without providing an automated opt-out mechanism.
Telemarketers also cannot call before 8 a.m. or after 9 p.m., and if consumers have added their numbers to the National Do Not Call Registry or opted out of receiving calls, telemarketers must honor their requests.
Ohioans who suspect an unfair or deceptive sales practice should contact the Ohio Attorney General’s Office at www.OhioAttorneyGeneral.gov or 800-282-0515.
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Documents
Lawsuit (PDF)
Media Contacts
Dan Tierney: 614-466-3840
Kate Hanson: 614-466-3840