The General Automobile Insurance Services, Inc. (The General) and Spanish Quotes, Inc. are facing a proposed class action that claims they made illicit telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA).
The lead plaintiff in the case says he received a call from a representative of “US Auto Care,” which the suit notes is not a registered business name, for the purpose of selling him insurance services. After inquiring about the identity of the caller, the plaintiff says he was transferred to one of The General’s representatives, who identified Spanish Quotes as the company that had called him. According to the case, The General contracted with Spanish Quotes to place telemarketing calls to potential clients on its behalf and then transfer interested parties to the insurance provider’s representatives.
According to the complaint, the plaintiff listed his number in the National Do-Not-Call Registry (DNC) “over a year ago” in order to avoid unwanted marketing calls. The man further claims that he didn’t provide express written consent to receive communications from either defendant before receiving the June 2019 call.
The case claims the defendants frequently placed calls to putative class members without the called parties’ consent and even contacted individuals whose numbers were listed on the DNC. According to the suit, these calls were placed using an auto-dialer and were then transferred to a live representative when the consumer picked up the phone. Both the use of an auto-dialer and calls to a number on the DNC without the individual’s prior express written consent are forbidden under the TCPA, the lawsuit says.
Spanish Quotes has been sued for alleged TCPA violations before, the case states, and the number it used to call the plaintiff has apparently been flagged for robocalls by watchdog company NoMoRobo.