American Financial Security Life Insurance Co. faces a proposed class action over its apparent practice of placing automated calls to consumers’ cell phones without obtaining their prior express consent to be contacted.
The plaintiff says that beginning March 9, 2020, he received at least three unwanted calls from the insurance company despite the fact that his number has been included in the National Do Not Call Registry since October 2017.
According to the suit, the calls violated the Telephone Consumer Protection Act (TCPA), which “was designed to prevent calls like the ones described within this complaint.”
The lawsuit says each of the calls began with silence followed by “audible clicks,” after which a live representative came on the line—events the complaint claims indicate that an autodialer was used to place the calls. According to the case, the automated dialing technology used by American Financial Security has the capacity to store or produce numbers to be called and then dial the numbers without human intervention.
The lawsuit alleges the defendant willfully and unlawfully used a combination of automated hardware and software to place calls en masse to the plaintiff and other consumers regardless of whether they provided consent to be contacted or if their numbers were listed on the National Do Not Call Registry.
The plaintiff claims he never gave American Financial Security permission to call his cell phone number for marketing purposes and was harmed by the unwanted robocalls.
“In addition to using Plaintiff’s cellular data, phone storage, and battery life, his privacy was wrongfully invaded, his seclusion was intruded upon, and Plaintiff has become understandably aggravated with having to deal with the frustration of repeated, unwanted phone calls, forcing him to divert attention away [sic] sleep and causing disruption to his work and other activities,” the complaint reads. “Not only did the receipt of the phone calls distract Plaintiff away from his personal activity, Plaintiff was forced to spend time investigating the calls.”
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.