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An Illinois man says that Independence American Insurance Company used robocalls to contact him and other consumers with phone numbers on the Do Not Call Registry with marketing messages about health insurance and Medicare supplement plans.
Lead plaintiff, George Moore, says in his nationwide class action lawsuit filed Wednesday in Illinois federal court that Independence American Insurance Company violated a federal law protecting him and other consumers when it made the calls, the Telephone Consumer Protection Act (TCPA). Moore is seeking potentially millions of dollars in fines be assessed against the company for each and every call it allegedly made in violation of the TCPA.
Moore says that his phone number has been listed on the Do Not Call Registry since at least 2003, but he began receiving calls from the “Medicare Verification Department” — a name used by Independence American Insurance Company for telemarketing activities. He says he received multiple calls in December and January, which he ended.
Moore says the robocalls kept coming and, in March, he decided to investigate further. He says that a company representative tried to sell him a supplemental Medicare insurance plan. Moore says he asked to stop getting the calls and asked for a copy of the company’s Do Not Call policy, that he never received. In addition, Moore says he wrote to the company to ask why they were calling and, again, never received a response.
The class action lawsuit accuses Independence American Insurance Company of violating consumers’ privacy and the TCPA. In addition to prohibiting telemarketing calls without the express, prior consent of the recipient, the TCPA set up the Do Not Call Registry which allows consumers to list phone numbers at which they do not want to receive marketing calls.
In addition, the law prohibits the use of automatic dialing technology and prerecorded messages often deemed robocalls. The penalties for violating the TCPA can be steep, between $500 and $1,500 for each noncompliant call.
Moore seeks to represent other consumers across the nation who received telemarketing calls from Independence American Insurance Company. He is asking the Illinois federal court to issue an order stopping the robocalls and for penalties under the TCPA.
Have you received a robocall from Independence American Insurance Company? Is your number on the Do Not Call Registry? Tell us about your experience in the comment section below!
The lead plaintiff, George Moore, is represented by Anthony I. Paronich of Paronich Law, PC.
The Independence American Insurance Company Robocall Class Action Lawsuit is Moore v. Independence American Insurance Company, Case No. 1:21-cv-02403 in the U.S. District Court for the Northern District of Illinois.
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