A proposed class action filed in Washington claims that eFinancial, LLC sent illegal telemarketing texts to consumers without obtaining prior express consent to do so.
The 15-page complaint rests on six text messages in which the defendant attempted to market life insurance to the plaintiff in January 2019. One text, which the plaintiff claims he received on January 9 during business hours, read as follows:
“Progressive Advantage through eFinancial: Still interested in Life Insurance? Call [telephone number]. Msg&Data rates apply. Txt HELP or STOP to opt out.”
The case contends that the texts were unlawful in that the messages were sent to a number in the National Do-Not-Call (DNC) registry and generated using automatic telephone system dialing (ATDS) technology, the use of which is prohibited in non-emergency situations. Both of these practices are forbidden under the Telephone Consumer Protection Act (TCPA) without obtaining prior express written consent, the case states. According to the complaint, the lead plaintiff received these texts despite the inclusion of his phone number in the DNC registry since 2003.
The suit seeks to represent a class of all consumers who were sent unauthorized texts advertising eFinancial’s services that were generated using an ATDS, or who received more than one such text from the defendant in a 12-month span despite being registered with the DNC for at least 30 days.