Pennsylvania Attorney General Pappert Sues N.J.-based Satellite TV and Cellular Phone Companies Accused of Violating `Do Not Call' Law

HARRISBURG, Pa., Feb. 25 /PRNewswire/ -- Pennsylvania Attorney General Jerry Pappert today announced that his office has filed a lawsuit against two New Jersey-based companies and their owner accused of illegally contacting dozens of consumers whose names and telephone numbers are on the Commonwealth's Do Not Call registry. Additionally, the suit claims that the defendants engaged in deceptive business practices when selling their products and services over the telephone.
The legal action followed an investigation into complaints from 41 consumers throughout Dauphin, Lancaster, Lebanon, Mifflin, Montgomery and York counties who claimed that they were illegally contacted and/or misled by the defendants regarding the purpose of the sales calls.
Pappert identified the defendants as Satellite Systems Direct Inc. (SSD), Elephant Wireless Inc., both located at 120 McGaw Drive, Edison, New Jersey, and Bension Aboud, individually, and as president of each company. The defendants are accused of violating Pennsylvania's Telemarketer Registration Act and Unfair Trade Practices and Consumer Protection Law.
According to the lawsuit, SSD and Elephant Wireless from November 2002 through July 2003 engaged in telemarketing activities to sell satellite television and cellular telephone services to Pennsylvania consumers without first registering as a telemarketer with the state and purchasing the Commonwealth's Do Not Call list. Under state law, as of November 1, 2002, telemarketers selling goods or services in Pennsylvania are prohibited from contacting consumers whose names and telephone numbers are registered on the no call list.
The complaint claims that SSD or its telemarketing agent used an automated dialing system to leave pre-recorded messages on consumers' telephones. The messages falsely claimed that the callers were with the local satellite center and were contacting consumers because they failed to respond to a direct mail solicitation that was sent to their homes advertising its satellite television services. The messages described the benefits of a satellite system and claimed that many people in the consumer's neighborhood had taken advantage of the offer.
Consumers said they were instructed to call a toll-free number to learn more about the satellite system and were urged to call within 48 hours to be eligible for free installation, free equipment and one month of free service. Consumers were also told in the message that crews would be in the neighborhood to hook-up their service for the next three days only.
Defendant Satellite Systems Direct is accused of misleading consumers by:

-- Falsely claiming that consumers received a direct mail solicitation.
-- Falsely claiming that the offer is open for a limited time only when,
in fact, the company continuously markets satellite services.
-- Falsely claiming that many people in consumers' neighborhoods had
taken advantage of the offer.

Satellite Systems Direct is also accused of intentionally blocking its name and telephone number from being displayed on consumers' caller-ID devices.
Defendant Elephant Wireless is accused of illegally contacting consumers on the Do Not Call list and falsely identifying itself to consumers as Cingular Wireless. In other cases, consumers complained that the callers failed to identify themselves, the company on whose behalf they were calling and the company's telephone number and address as required by law upon request. Elephant Wireless is also accused of misleading consumers by falsely claiming that they should switch their cellular telephone service provider because their current carrier would not be able to support them in the near future.
Pappert said the lawsuit asks the court to:

-- Permanently bar the defendants from conducting business in violation
of the Telemarketer Registration Act and Consumer Protection Law.
-- Require the defendants to pay civil penalties of $1,000 per violation
and $3,000 for each violation involving a consumer age 60 or older.
-- Require the defendants to pay the Commonwealth's investigation costs.

The complaint was filed in Dauphin County Court. The case is being handled by Senior Deputy Attorney General E. Barry Creany and Deputy Attorney General Margie A. Anderson of Pappert's Bureau of Consumer Protection Office in Ebensburg.
CONTACT: BARBARA PETITO
DEPUTY PRESS SECRETARY
717-787-5211

Pennsylvania Office of Attorney General

CONTACT: Barbara Petito, Deputy Press Secretary, Pennsylvania Office ofAttorney General, +1-717-787-5211, or Home: +1-717-236-6264

Web site: http://www.attorneygeneral.gov/

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