EverQuote Faces TCPA Lawsuit Over Spam Text Messages

EverQuote, a company that specializes in generating auto insurance sales leads, has been hit with a class action lawsuit for allegedly sending spam text messages to unsuspecting recipients.

The class action lawsuit alleges that EverQuote violated the Telephone Consumer Protection Act (TCPA) by sending text spam to Florida woman Yvonne Lester and others.

Lead plaintiff Lester claims that she started receiving unsolicited text messages from EverQuote even though she never gave the company written consent to contact her.

In addition, Lester claims that EverQuote violated the TCPA by allegedly using an automated dialing machine to complete the calls. Lester’s class action lawsuit alleges that by using an automated dialing machine and not getting prior consent, EverQuote violated the TCPA by sending these unwanted spam text messages.

The TCPA Class Action Lawsuit is Yvonne Lester v. EverQuote, Case No. 1:16-CV-10651-MLW, in the U.S. District Court of Massachusetts, Boston Division. Lester seeking to represent other consumers who have also received text spam from EverQuote.

TCPA Regulations and Violations

The Telephone Consumer Protection Act was passed by Congress in the early 1990s to help protect consumers against aggressive telemarketing tactics.

The act has been updated several times to adhere to the advancement of technology, and does not apply only to telephone calls. In recent years, a number of customers have been allegedly receiving unwanted spam text messages, which now fall under the TCPA protections.

Under current TCPA regulations, companies are prohibited from sending unwanted calls, texts, or faxes to landlines or cellphones without receiving prior consent from the recipients. Companies are also prohibited from using automated dialing machines to look up numbers and send unwanted spam text messages or unwanted phonecalls.

Companies must have live representatives make these calls or texts, and the representatives must be able to identify themselves and the company they represent. If requested, consumers can be added to the company’s do not call registry.

Companies that are found in willful violation of the TCPA could be fined up to $1,500 per violation, while companies who negligently violate the TCPA can be fined up to $500 per violation.

Consumers who find themselves on the receiving end of spam text messages or unwanted phone calls may be eligible to file a TCPA lawsuit similar to Yvonne Lester’s.

Potential claimants should obtain and save all phone records and highlight the calls from the alleged violator, and save all spam text messages and any voicemails left from the unwanted calls. Specialized lawyers are available to help individuals determine if they are eligible to file a TCPA lawsuit.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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