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Government Actions

Plaintiff STATE OF OHIO EX REL ATTY GENERAL DAVE Y -VS- Defendants Pelican Investments Holdings, LLC et al including defendants Dimension Service Corporation, Haytham E. Elzayn, Autoguard Advantage Corporation, and National Administrative Service CO., LLC case number 23 CV 000047

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

On Jan. 4, 2023, the Ohio Attorney General’s Office filed a civil lawsuit in Franklin County Common Pleas Court in Columbus, Ohio, against defendants Dimension Service Corporation, Haytham Elzayn, Autoguard Advantage Corporation, National Administrative Service Co, LLC, Pelican Investment Holdings, LLC, Falcon Endeavors, MB Holdings Group, Gustav C. Renny, Vajira Samararatne, Stacey E. Him, Ronald D. Eddington Jr., and Joseph E. Hill Jr. The lawsuit alleged the defendants violated the Telephone Solicitation Sales Act and the Consumer Sales Practices Act.

On February 28, 2024, a consent judgment and final agreed order was filed with the court settling the government action against defendants  Dimension Service Corporation, Haytham E. Elzayne, Autoguard Advantage Corporation, and National Administrative Service Co., LLC. Plaintiff and Defendants Dimension Service Corporation, Haytham E. Elzayn, Autoguard Advantage Corporation, and National Administrative Service Co., LLC, agreed to settle and resolve the matters and alleged claims, without admitting liability or any violations of Ohio laws.



According to the consent judgment findings of fact:

Defendant Dimension Service Corporation (“Dimension”) is an Ohio corporation formed in June 1994 with its principal place of business in Dublin, Ohio. Defendant Autoguard Corporation (“Autoguard”) is an Ohio corporation formed in July 1996 with its principal place of business in Dublin, Ohio. Defendant National Administrative Service Co., LLC (“NAS”) is an Ohio limited liability company formed in October 2021 with its principal place of business in Dublin, Ohio. Defendant Haytham Elzayn (“Elzayn”) is an officer and director of defendants Dimension, Autoguard, and NAS.



Defendants Dimension, Autoguard, and NAS are administrators of automobile service contracts who engage businesses, including with certain other Defendants in this matter. These other Defendants (“Marketing Entities”) are independent companies that are not affiliated with Defendants Dimension, Autoguard, NAS or Elzayn. The Marketing Entities sell automobile service contracts, while Dimension, Autoguard and NAS administer protection plans.



Defendants Dimension, Autuguard, and NAS contracted with the Marketing Entities that engaged in marketing of Defendants’ Dimension, Autoguard, and NAS vehicle service contract programs to consumers in various states, including to individual consumers in Ohio. Marketing Entities did not exclusively engage in business with Defendants Dimension, Autoguard, and NAS but instead marketed automobile service contract programs for several other administrators unrelated to Defendants Dimension, Autoguard, and NAS. Defendants Dimension, Autoguard, NAS and Elzayn deny initiating or directly engaging in any telephone solicitations or that that they are suppliers who are telephone solicitors.





According to the consent judgment plaintiff’s allegations of fact:



Defendants Dimension, Autoguard, and NAS did not obtain from the Ohio Attorney General’s Office a certificate of registration to operate as a telephone solicitor. Defendants Dimension, Autoguard, and NAS did not obtain and file a copy of a surety bond with the Ohio Attorney General’s Office, in connection with being a telephone solicitor. Certain Marketing Entities, with whom Defendants Dimension, Autoguard, and NAS contracted, entered into verbal agreements with consumers to provide automobile service warranties. After entering into a verbal agreement with consumers, Marketing Entities did not secure a signed, written confirmation of the agreement that included certain required information including, but not limited to, the name of the telephone solicitor and the number of the telephone solicitor’s certificate of registration or registration renewal. In some instances, certain Mark Entities represented to consumers that the automobile service warranties were extensions of an existing warranty policy when they were not. In some instances certain Marketing Entities represented to consumers that the automobile service warranties were issued by various car manufacturers when they were not. Defendants Dimension, Autoguard, NAS and Elzayn deny that they are suppliers who are telephone solicitors and deny that they are liable for the acts of Marketing Entities that sold their vehicle service contracts.



According to the consent judgment order:



Defendants  Dimension, Autoguard, and NAS, doing business under their own names or any other names, together with their officers, agents, employees, successors or assigns, and all persons acting in concert and participation with them in connection with any consumer transaction, voluntarily consented to be enjoined from initiating telephone solicitations of consumers in Ohio without complying with the Telephone Solicitation Sales Act and the Consumer Sales Practice Act. Defendants were ordered, jointly and severally, to pay a civil penalty of $50,000.00, with $30,000.00 suspended, as long as Defendants comply with all provisions of the consent judgment, including the payment provisions, and to pay all court costs.

For more details you may wish to contact:

- The Ohio Attorney General's Office Help Center

Toll-free: 800-282-0515 or Local: 614-466-4986, 30 E. Broad St., 14th Floor, Columbus, OH 43215, http://www.ohioattorneygeneral.gov/ and https://www.ohioattorneygeneral.gov/Media/News-Releases/January-2023/AG-Yost-Slams-the-Door-Shut-on-Car-Warranty

- The Franklin County Clerk of Courts office, concerning case # 23 CV 000047

373 South High Street, Columbus, OH 43215, phone 614-525-3600, http://www.franklincountyohio.gov/clerk/cio.cfm or online http://fcdcfcjs.co.franklin.oh.us/CaseInformationOnline/"