American Senior Benefits Faces Class Action Over Alleged Spam Calls [UPDATE]
by Erin Shaak
Last Updated on September 10, 2021
Winters v. American Senior Benefits, LLC
Filed: December 16, 2020 ◆§ 2:20-cv-02423
American Senior Benefits placed telemarketing calls to consumers’ cell phones without obtaining prior consent to do so, a proposed class action claims.
Arizona
Case Updates
September 8, 2021 – Lawsuit Privately Settled
The parties in the lawsuit detailed on this page notified the court on March 12, 2021 that they had reached a private settlement, the details of which have not been disclosed.
In light of the settlement, this lawsuit was dismissed in May.
If you’re looking to take legal action over the claims detailed on this page, you may want to consider reaching out to an attorney in your area for more information about your rights and options.
American Senior Benefits, LLC has overstepped the federal Telephone Consumer Protection Act (TCPA) by placing telemarketing calls to consumers’ cell phones without obtaining prior consent to do so, a proposed class action claims.
The TCPA prohibits callers from using an automatic telephone dialing system to place non-emergency telemarketing calls unless the recipient has expressly consented to receive the call, the lawsuit explains.
The plaintiff, a Mesa, Arizona resident, says he started receiving in October 2020 several calls from American Senior Benefits from the phone numbers (480) 814-5850 and (480) 832-8559. Per the case, the calls were placed using an automatic telephone dialing system in an attempt to solicit the plaintiff’s business.
According to the suit, the plaintiff, upon answering the calls, heard “a brief pause” followed by a click before someone spoke on the other line.
The plaintiff says he never provided consent to be contacted by the defendant. Moreover, the man’s cell phone number has been listed on the National Do-Not-Call Registry since at least October 2018, the case claims.
Per the suit, the TCPA prevents callers from placing multiple telemarketing calls within a 12-month period to numbers on the Do-Not-Call Registry without the recipients’ prior consent.
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