TCPA Class Action Lawsuit Targets 5 Insurance Companies

By TopClassActions | November 7, 2013

Category: Legal News

By Amanda Antell

TCPA Lawsuit Four consumers have banded together to sue 5 insurance companies and one marketing company for Telephone Consumer Protection Act (TCPA) violations, all alleging that the companies used automated dialing systems to call their homes and would not let up until they responded in some way to the calls in question. The plaintiffs and their allegations in the joint class action lawsuit are as follows:

— Ohio plaintiff Shawn Matejovich is suing State Farm Nationwide Insurance for making an automated phone call to his cellphone on Aug. 9, 2013. The caller left a pre-recorded message on Matejovich’s voicemail, informing him of an opportunity to receive an automobile insurance quote. When Matejovich called back the number and finally got in touch with a live representative, the representative reportedly did not disclose what organization or entity she worked for, but took down Matejovich’s information.

— Ohio plaintiff Chris Stock is suing American Automobile Insurance Co. for making several solicitation calls to his cellphone, each leaving a pre-recorded message promising an automobile insurance quote. The most recent call reportedly came on Sept. 6, 2013. Stock allegedly asked to have the representative identify herself, but she hung up. Although Stock is a current customer of Nationwide Auto Insurance, he reportedly did not give any of the defendants his permission to contact him, and has no pre-existing business relationships with any of them.

— Ohio plaintiff Stuart Benson is suing State Farm, Nationwide, and State Farmers Insurance for an unsolicited call made to his cellphone on Sept. 6, 2013. When he received the call, he was allegedly met with a prerecorded message that told him to press a number to speak with an operator. Benson states that he has had no prior relationship to any of the defendants, and gave no consent to be contacted.

— Pennsylvania plaintiff Brennan Landy is suing State Farm and Nationwide for an unsolicited call made to his cellphone on Aug. 12, 2013. Landy reportedly answered the call and received a recorded message that told him he had the opportunity to receive an auto insurance quote.

After returning the call, he reportedly was directed to a Nationwide insurance agent named Leo Bradley, who identified himself and his business. However, Landy is still suing Nationwide and State Farm because he is not a current customer of either defendant and had no prior business relationship with either of them.

In each of these cases, one of the defendant companies allegedly made an unsolicited call to the plaintiffs using an automated dialing system of some kind, which is in violation of the TCPA. Even though some of the plaintiffs have a current business relationship with one or more of the defendants, the calls were still done without the consent of the recipient to each of their personal phone numbers, which is in direct violation of the TCPA. The defendant companies in this case are:

Variable Marketing LLC: working on behalf of the insurance companies
American Automobile Insurance (AAA)
Farmers Insurance
Government Employees Insurance Co.
Nationwide Mutual Insurance Co.
State Farm Mutual Automobile Insurance Co.

Overview of TCPA Litigation Movement

The TCPA was originally enacted in 1991, due to the amount of complaints about companies and their telemarketing practices. Section 227(b)(1)(A)(iii) of the TCPA prohibits companies from using auto-dialers to make any calls to home or cellphone numbers in the absence of an emergency or the prior consent from the recipient. Any company found to have violated this act will be charged $500 per violation, while intentional calls can reach up to $1500.

The TCPA class action lawsuit is Shawn Matejovich, et al., v. American Automobile Association Inc., et al., Case No. 1:13-cv-07149, in the U.S. District Court for the Northern District of Illinois.

File a TCPA Lawsuit Today

If you believe that you or a loved one have been the victim of a TCPA call, you have legal options. Please visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned TCPA lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The TCPA attorneys working this investigation do not get paid until you do.