Posts Tagged USA Security

Have you been receiving unsolicited phone calls from USA Security Promotions offering “Free 3-in-1” Security Systems

It as come to USA Security’s attention that USA SECURITY PROMOTIONS, LLC has been auto dialing customers from the following numbers: (360) 474-3278, (971) 220-1121, (260) 969-9387, (253) 246- 8573, (406) 219-2103, (206) 496-0439, (503) 457-1367, (859) 757- 2867, and (503) 468-5110 offering free 3-in-1 home security systems.  Many of the homes dialed are on the National Do Not Call Registry.  USA Security has been called several times by individuals contacted by USA SECURITY PROMOTIONS, LLC, stating that they were harassed, treated rudely, and repeatedly called back after asking to opt out of the program.
 
USA Security (US, WE) are not USA Security Promotions, LLC, and WE are not autodialing home owners.   WE are doing everything in our power to rectify the situation.   Below is the legal complaints USA Security has made toward Robert Newkirk III, ISI Alarms, and USA SECURITY PROMOTIONS, LLC. 
 
  
TO: Robert B. Newkirk, III
Registered Agent
USA Security Promotions, LLC
P.O. Box 2536
19810 W. Catawba Ave., Suite E
Cornelius, NC 28031
Managing Principal
USA Security Promotions, LLC
310 N. Front Street, Suite 3-340
Wilmington, NC 28401

Re: Unlawful Telemarketing Campaign on Behalf of USA Security Promotions, LLC and lSI Alarms NC, Inc.

Dear Mr. Newkirk:

I am counsel for USA Security, Inc. – a Minnesota-based, nationally-renowned, business that has been providing residential, commercial and enterprise customers with security solutions for the past ten years. In recent months, my client has been forced to respond to angry consumers who have received telemarketing calls from a company purporting to be “USA Security.” Because USA Security, Inc. has never engaged in any telemarketing activities, it is impossible that these consumers were contacted on behalf of my client.

Our investigation into the telemarketing calls at issue has revealed the following details:

  • A North Carolina-based company called USA Security Promotions LLC is behind the telemarketing campaign at issue.
  • Records on file with the North Carolina Secretary of State indicate that you helped form USA Security Promotions LLC on March 5, 2013.
  • These records further indicate that you currently serve as the company’s registered agent.
  • Separate records on file with the North Carolina Secretary of State indicate that you also helped form a company called lSI Alarms NC, Inc. on May 23, 2006. These records indicate that you still serve as lSI Alarms NC, Inc.’s registered agent.
  • Beginning sometime prior to April 2012, LSI Alarms began making telemarketing calls to consumers throughout the country (most of whom were on the Do Not Call Registry) from multiple numbers including (360) 474-3278, (971) 220-1121, (260) 969-9387, (253) 246- 8573, (406) 219-2103, (206) 496-0439, (503) 457-1367, (859) 757- 2867, and (503) 468-5110. During these calls LSI Alarms would offer to install “free” home security equipment in exchange for the homeowner’s agreement to place a promotional sign in front of the home. The overwhelming majority of people who were contacted as part of the telemarketing campaign viewed the ,calls as aggravating, harassing and frightening. During these calls, lSI Alarms stated that it had received consumer contact information from local law enforcement because of high crime rates. lSI Alarms also used the names “Honeywell Security,” “Security Promotions,” “General Electric Security,” and “Security Call Center” as part of its marketing efforts to unsuspecting consumers.
  • In or around April 2012, the security division of Honeywell nternational was informed about the telemarketing campaign being perpetrated by lSI Alarms. Upon information and belief, Honeywell’s legal department was forced to deal with lSI Alarms over the course of the next several months to prevent any future unauthorized use of Honeywell’s name in connection with the ilegal telemarketing campaign.
  • Due to Honeywell’s efforts, and the consumer backlash that arose throughout Internet consumer protection websites, lSI Alarms was forced to alter its operating plan. Specifically, it appears that USA Security Promotion LLC was formed six months ago as a specific means of concealing the true origin of the ongoing, unwanted telemarketing activities by lSI Alarms NC, Inc.
  • Over the past six months, USA Security Promotions LLC has been using automatic telephone dialing systems and pre-recorded marketing messages to contact consumers throughout the country (most of whom are on the Do Not Call Registry) from multiple numbers, including but not limited to (815) 687-8487, (857) 444-5657, (210) 571-1334, (214) 396-5520, (302) 257-5917, (302) 394-9976, (402) 952-4444, (404) 719-4368, (409) 316-6010, (410) 575-1863, (425) 999-4085, (480) 635-8400, (651) 333-4193, (815) 687-8527 and (857) 444-5657. The pre-recorded message identifies the calling party as “USA Security” -rather than USA Security Promotions LLC – and states, consistent with the marketing campaign fostered by isi Alarms, that callers have been chosen in connection with a special offer for home security equipment. Again, the overwhelming majority of people being contacted as part of the telemarketing campaign view the calls as aggravating, harassing and frightening.
  • When consumers return calls to the aforementioned numbers (e.g.,(815) 687-8487), they receive a message that says “Hi, if you’re calling to learn more about the offer for a free 3-in-l wireless home security system for your home, please press 1 to speak with a representative. If you would like to be taken off of our calling list, please press 2.” If consumers press 1, they are told by a representative that the alarm system is the “2013 General Electric system,” and that a specialist wil visit their home to discuss monthly fees upon installation. If consumers press 2, the call terminates without any confirmation that the consumer has been removed from the calling list. In fact, many of the consumers who press 2 continue to receive unwanted calls up to ten (10) times per week from USA Security Promotions LLC.
  • On more than one occasion consumers have discovered your affiliation with USA Security Promotions LLC and have contacted your office in an effort to remove themselves from the automatic telephone dialing system. Ironically, in these instances you not only publicly disavowed affiliation with USA Security Promotions LLC, you threatened consumers with harassment lawsuits if they continued to call your office.
  • As a result of the disingenuous denials you posted online in response to consumer concerns, many individuals have taken to the Internet to obtain more information about “USA Security.” My client’s website is the first result listed when consumers perform a Google search for “USA Security.” Consequently, my client has spent an inordinate amount of time (1) explaining that it is not responsible for the calls, (2) confirming that neither it, nor its various partners (e.g., Honeywell), have any affiliation with the telemarketing campaign, and (3) attempting to protect and/or restore its goodwil and reputation within both the security industry and the public at large.

Based upon the foregoing details it appears that USA Security Promotions LLC and/or lSI Alarms NC, Inc. are in violation of numerous laws, including but not limited to the following:

  • USA Security Promotions LLC is actively violating the Telephone Consumer Protection Act (47 U.S.c. § 227) by, among other things, using an automatic telephone dialing system to make repeated, unwanted pre-recorded commercial calls to residential and cell phones belonging to consumers on the Do Not Call registry;
  • lSI Alarms NC, Inc. changed its name to USA Security Promotions LLC in a concerted effort to confuse the public by illegally trading on USA Security, Inc.’s longstanding name, goodwil, reputation and vendor relationships in violation of the Lanham Act (15 U.S.c. 1125(a)), North Carolina’s Deceptive Trade Practices Act (N.C.G.S. § 75-1.1) and Minnesota’s Deceptive Trade Practices Act (Minn. Stat. 325D.44);
  • USA Security Promotions LLC is actively violating and the Telemarketing Sales Rules (15 U.S.c. § 1601 et seq. and 16 C.F.R. § 310) by misrepresenting its affiliation with, or endorsement or sponsorship by, USA Security, Inc.; and
  • USA Security Promotions LLC is actively violating and the Telemarketing Sales Rules (15 U.sc. § 1601 et seq. and 16 C.F.R. § 310) by engaging in abusive telemarketing acts that deny or interfere with consumers’ rights to be placed on do no call lists.

Please be advised that, by copy of this letter, I am alerting the following individuals/organizations to the activities carried out by isi Alarms NC Inc. and USA Security Promotions LLC:

  • Lois Greisman, Associate Director of the FTC Bureau of Consumer Protection Marketing Practices Division;
  • Federal Communications Commission, Consumer and Governmental Affairs Bureau, Inquiries & Complaints Division;
  • Tom McKay, Vice President and General Manager at RNC Telecom Services of Ilinois, LLC (to advise about USA Security Promotions  LLC’s use of RNC Telecom Services telephone numbers for purposes of conducting the aforementioned telemarketing activities)

On behalf of USA Security, Inc., I hereby demand that USA Security Promotions LLC immediately refrain from all future use of “USA Security” as part of its telemarketing script, discussions and/or materials. Any further use of USA Security, Inc.’s name in connection with USA Security Promotions LLC’s unlawful telemarketing activities will result in immediate legal action. Please contact me by 5:00 p.m. CDT on October 18, 2013 to confirm receipt of this letter and USA Security Promotions LLC’s intent to forego from any further use of my client’s name. If I do not hear from you by that time, USA~ will proceed accordingly.

Advertisements

, ,

45 Comments