Monday, December 21, 2020 In a decision with several important takeaways, the United States District Court for the District of New Mexico refused to dismiss a lawsuit filed by Robert Mestas against CHW Group Inc. and one of its corporate officers, Victor Mandalawi. See Mestas v. Chw Grp., No. 19-CV-792 MV/CG, 2020 U.S. Dist. LEXIS 236357 (D.N.M. Dec. 16, 2020). According to Plaintiff, CHW Group sells home warranty programs through telemarketing calls, and its officer, Mr. Mandalawi, “directly or indirectly controlled the persons who actually initiated those calls.” Plaintiff alleged that CHW Group called him multiple times using an ATDS and despite his number being listed on the National Do-Not-Call Registry. For each call, Plaintiff alleged that CHW had used an ATDS because Mr. Mestas heard “dead air” or “strange clicking sounds before a live human telemarketer came on the line.”