Alert 360 Files Complaint Against Vivint Alleging Deceptive Sales and Other Issues

“We have no choice other than to put these issues in the hands of a jury … and look forward to presenting our case,” says Richard Ginsburg, Alert 360 CEO.

TULSA, Okla. – Alert 360 Opco, Inc. has filed a complaint in the Northern District of Oklahoma against Vivint Smart Home, Inc. for unfair competition in violation of The Lanham Act, 15 U.S.C. § 1125, Trademark Infringement and Unfair Competition.

The complaint follows on the heels of CPI Security winning a $189M deceptive-practices verdict against Vivint in February of this year and filing a patent-infringement lawsuit against Vivint in January.

As part of its case, Alert 360 reports that it has provided evidence of numerous instances of Vivint targeting Alert 360 customers by saying Vivint has become Alert 360, has purchased Alert 360, was sent on behalf of Alert 360, or that Alert 360 has gone out of business, as a few examples.

“We have amicably tried to resolve these issues with Vivint for many years to no avail. We have no choice other than to put these issues in the hands of a jury and the judicial system and look forward to presenting our case,” says Richard Ginsburg, Alert 360’s CEO and an SSI Industry Hall of Famer.

Cheri Fletcher, general counsel of Alert 360, states: “Deceptive sales practice complaints significantly increase during the milder weather and upcoming summer-move season. Deceptive sales practices give our entire industry a bad name, and we have been pleased that many state attorney generals have also taken action against companies for these tactics.”

Alert 360, which is being represented in the case by Charles C. Eblen of Shook, Hardy & Bacon, LLP, has a dedicated web page with information and a link to report deceptive sales practices for consumers concerned about sales scams in the security industry or who worry they have been victimized.

NRG Energy agreed to acquire Vivint Smart Home in December 2022. Vivint was founded by SSI Hall of Famer Todd Pedersen in 1999 as APX Alarm; he renamed the company Vivint in 2011 and a year later sold it to investors Blackstone Group.

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