Alleged NextGen Robocalls Trigger Class Action

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A proposed class action lawsuit has been filed against NextGen Leads, LLC by a consumer who claims to have received numerous unsolicited robocalls from the company in July 2023.

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The 12-page lawsuit says the company, which generates health insurance and Medicare leads, violated the Telephone Consumer Protection Act (TCPA)—which aims to protect citizens from unwanted telemarketing contact—when it made repeated robocalls to the plaintiff, an Alabama resident with whom the defendant had no prior relationship.

The suit alleges the company also breached the TCPA by placing prerecorded calls to phone numbers on the National Do Not Call Registry.

According to the case, the plaintiff received a prerecorded telemarketing call from NextGen on July 7 of this year, despite never seeking the company’s services. The woman claims she did not provide consent to be contacted, as required under the TCPA.

Though the plaintiff said she was not interested in the defendant’s services, NextGen called her four more times that day, the complaint shares.

The plaintiff says she was “annoyed and harassed” and felt the calls were an invasion of her privacy.

Other consumers have lodged similar complaints about NextGen’s telemarketing tactics, the filing explains. In fact, one consumer—who claims to have been listed on the National Do Not Call list since 2015—posted on the Better Business Bureau’s website that they had “received 12+ calls” from NextGen in one week, despite “firmly request[ing]” that the calls cease, the case states.

The lawsuit looks to represent anyone in the United States who, within the past four years, received one or more prerecorded calls on their cell phone from NextGen Leads using the same, or substantially similar, message used to contact the plaintiff. The suit also looks to cover anyone in the United States whose phone number has been listed on the National Do Not Call Registry for at least 30 days and who, since July 20, 2019, received more than one telemarketing call from NextGen within a 12-month period.

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