A proposed class action alleges Independence American Insurance Company has unlawfully placed telemarketing calls to consumers whose numbers are listed on the National Do Not Call Registry (DNC) and who never consented to be contacted.
According to the 11-page lawsuit, the Telephone Consumer Protection Act (TCPA) prohibits an entity from placing telemarketing calls to numbers registered on the DNC unless it first secures consent to do so. The plaintiff, an Illinois resident whose phone number has been on the DNC since 2003, claims he received in December 2020 and January 2021 several telemarketing calls from the “Medicare Verification Department,” a name the suit says is used by the defendant or an agent acting on its behalf.
Although the plaintiff hung up after the first few calls, during which he was offered services purportedly “associated with his Medicare insurance,” the man “fully investigated” another call he received in March 2021, the case says. This time, the plaintiff was transferred to a representative who promoted Independence American’s supplemental insurance services, the suit relays. Per the lawsuit, the plaintiff asked to no longer receive calls from the defendant and requested a copy of the company’s do not call policy, which he never received.
Moreover, when the plaintiff wrote to Independence American and inquired about the reason for the calls, he “did not receive a substantive response,” the lawsuit alleges. The case claims the calls the plaintiff received constituted telemarketing and were placed without prior consent.
“At no point has the Plaintiff sought out or solicited information regarding Defendant Independence American Insurance Company’s goods and services prior to receiving the telemarketing calls at issue,” the complaint claims.
The lawsuit looks to represent anyone in the U.S. whose telephone number was listed on the National Do Not Call Registry for at least 30 days and received more than one telephone solicitation from or on behalf of the defendant within a 12-month period within the last four years.
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