Allstate class action alleges company places unsolicited prerecorded phone calls

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Allstate class action lawsuit overview:

• Who: Three consumers filed a class action lawsuit against Allstate Insurance Company.
• Why: The plaintiffs allege Allstate violates consumer protection laws by making telemarketer calls to consumers without their consent. 
• Where: The class action lawsuit was filed in Illinois federal court.

Three consumers accuse Allstate of violating the Telephone Consumer Protection Act (TCPA) by making unsolicited automated telemarketing calls without consumer consent, and ignoring requests to be put on the insurance company’s internal do not call list. 

The plaintiffs are Steven Cromie from New York, Tanisha Tutson from Texas, and Ruthy Harris from New York. All three say they have received calls to their personal phones from Allstate or its telemarketing agents using “an artificial or prerecorded voice” without providing Allstate with prior consent. Cromie, who was called multiple times, says he was “presented with a prompt to press a button to put his telephone number on the internal do not call list,” which he ended up doing on four separate phone calls. 

Cromie, Tutson, and Harris seek to represent a nationwide Prerecorded No Consent Class which includes everyone from four years prior to the filing of the class action through the date the notice is sent to the class who received Allstate telemarketing calls with an artificial or prerecorded voice for the purpose of soliciting the sale of an Allstate product or service. 

Allstate ‘fully aware’ of violations, class action claims

The TCPA requires “prior express written consent for all autodialed or prerecorded telemarketing calls to wireless numbers and residential lines.”

“Prior to placing these prerecorded voice calls to consumers, [Allstate] failed to obtain express written consent as required by the TCPA,” the class action complaint alleges. The complaint further argues that Allstate “was and is fully aware” of the unsolicited and prerecorded telemarketing calls being made “without the prior express written consent of the call recipients as well as calls to those on the national do not call registry.” 

Allstate’s actions “invaded the personal privacy” of the three plaintiffs as well as the proposed class and were an “aggravation and nuisance,” the complaint says. Further, the telemarketing calls caused the class harm through “the wear and tear on their telephones, consumption of battery life, consumption of memory on their phones and voicemail, lost minutes” and loss of value of their telephone plans by paying for receiving the telemarketing calls. 

Cromie, Tutson, and Harris seek an award of actual monetary loss from such violations or $500.00 for each violation, whichever is greater; disgorgement of any ill-gotten funds by Allstate; an order requiring Allstate to identify any third-parties involved; and attorneys’ costs. 

If you have received telemarketing calls from Allstate, you could be eligible for this class action lawsuit!

The plaintiff is represented by Steven L. Woodrow and Patrick H. Peluso of Woodrow & Peluso, LLC.

The Allstate Class Action Lawsuit is Cromie, et al. v. Allstate Insurance Company, Case No. 1:22-cv-03950, in the US District Court for the Northern District of Illinois Eastern Division.

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