Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
By Jimmy H. Koo
Virginia-based home security company Alarm.com Inc. must face class claims that its third-party dealers made unlawful telemarketing calls to consumers and small businesses ( Abante Rooter & Plumbing, Inc. v. Alarm.com, Inc. , 2017 BL 151871, N.D. Cal., No. 15-CV-6314-YGR, 5/5/17 ).
Judge Yvonne Gonzalez Rogers of the U.S. District Court for the Northern District of California May 5 certified three classes of plaintiffs that alleged Alarm.com’s dealer Alliance Security violated the Telephone Consumer Protection Act. The three classes are plaintiffs alleged that Alliance used an automatic dialing system to call: mobile phone numbers; residential numbers; and numbers listed on the do-not-call registry. The named plaintiffs are individual consumers and businesses that received the calls.
According to the plaintiffs’ class complaint, Alarm.com sells cloud-based home automation, monitoring and security services. The company relies on a network of third-party authorized dealers, including Alliance, to generate subscribers. Alliance pays Alarm.com a monthly service charge for each subscription sold, the plaintiffs said.
The court held that common issues predominate with respect to all proposed classes. It also found that the proposed classes consist of a combined total of approximately 440,000 members—sufficient to meet the showing of numerosity.
The court tapped Terrell Marshall Law Group PLLC as class counsel and set a case management conference for May 30.
Alarm.com is represented by Obsidian Legal PLLC; Taylor & Patchen, LLP; Jaszczuk PC; and Locke Lord LLP.
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Full text of the court's opinion is available at http://www.bloomberglaw.com/public/document/Abante_Rooter__Plumbing_Inc_v_Alarmcom_Inc_No_15CV6314YGR_2017_BL.
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