KJ McElrath  |  November 15, 2019

Category: Legal News

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A frustrated woman talks on the phone.The Telephone Consumer Protection Act (TCPA) gives people tools to stop insurance calls from companies to which authorization to contact you has not been granted.

Passed and signed into law in 1991, this law requires insurers and other entities to get permission before contacting consumers via phone, text or other forms of communication, even if they have a prior business relationship (i.e., someone purchased goods or services from them). Violators who use automatic dialing equipment and prerecorded or computer-generated voice messages without permission of the recipient can be held liable and wind up paying hefty penalties.

Why Do I Get Insurance Calls in the First Place?

Insurance calls have become an “epidemic.” They spike during the Affordable Care Act’s open enrollment period. Not surprisingly, most of these unwanted calls are from companies offering health insurance. This is especially problematic in California, where the open enrollment period is twice as long as it is in other states.

That said, such automated calls are deluging consumers in other parts of the country; in October 2018, a spam-call blocking services known as Nomorobo reported stopping over 850,000 such calls – a 400 percent increase from the previous month.

What is worse is that most of the “insurers” that make these calls are offering “junk” insurance that does not comply with the ACA, or are outright scams. According to the Federal Trade Commission, legitimate calls from the Health Insurance Marketplace are always from live people who do not make cold calls and never ask for personal information. The fact is that most of these calls are “phishing” expeditions – attempts by scammers to get personal information for nefarious purposes.

How Can the TCPA Help Me Stop Insurance Calls?

Under the TCPA
, consumers who are targeted may have the right to sue and recover damages. Recipients of calls that don’t follow the law can sue the callers for up to $1,500 in statutory damages per incident. However, before taking legal action, there are a number of steps you should take.

First of all, make certain your number is listed with the National Do Not Call Registry. This is a free service provided by the FTC, and is available online. Keep in mind that if your number is on one or more calling lists, you may continue to receive these unwanted calls for up to 31 days after registering.

If this does not stop insurance calls that you do not want, start keeping records of where the calls are coming from and when. You can also obtain records from your cell carrier. If you are having to resort to legal action, documentation is key: if these calls go to voice mail, save those messages, as these will help to prove your case.

Does the TCPA Cover Other Forms of Contact?

In addition to automated phone calls, the TCPA applies to residential land lines as well as text (SMS) messaging, faxes and emails. The only exceptions are political organizations, certified non-profit organizations and charities seeking donations and – with certain restrictions – debt collectors.

Join a Free Insurance Company TCPA Class Action Lawsuit Investigation

If you recieved an unwanted phone call from an insurance company in which a pre-recorded message or artificial voice was used, you may qualify to join this insurance company TCPA class action lawsuit investigation.

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20 thoughts onHow Do I Stop Insurance Calls?

  1. Rohan says:

    Please add me to this list

    1. Daryl D Doehrmann says:

      please add my number to the do not call list

  2. Agnes Tiletzky says:

    I have been receiving these calls daily from across the country (at least 30 a day) and refuse to answer any of them. The worst is one listed as toll free call, please add me to the list so these annoying calls will stop. I use a land line.

  3. Samuel Walden says:

    Please add me too

  4. Shana Schottenstein says:

    I’m having the same issues I can’t keep blocking all these numbers they are harassing me. I was just looking for quotes for my husband and we found one and are done and I keep getting harassing calls. I’ve been on the do not call list and it doesn’t matter.

  5. Debra Lee Fitzsimmons says:

    Please add me
    All day long spam calls

    1. Debbie says:

      Please add me because of all day everyday spam and insurance calls

  6. Lizette Middleton says:

    I have been getting these health insurance calls for several years now. I’m so tired of them calling that I don’t answer my phone and miss important calls. Not only do they have my phone number but personal information as well. Unbelievable!! A few days ago I Registered with the “ do not call”. Let’s see if in 30 days this nonsense stops.

  7. craig rosa says:

    I asked for a quote and have not stopped receiving calls (65 in 3 days).
    I am on the do not call list I’ve asked them to take me off the list, they cuss me out ,they hang up and call back (these are live people not recordings) I’ve filed a complaint with FTC What other recourse do i have. This is straight up harassement. If this is what the affordable care act caused they can shove it up there arse, I’d rather it was ended and never to bother anyone looking for real help.

  8. Tanya says:

    I have been getting these calls from this same lady sometimes with different numbers. I have saved all to my call list. I have also gotten a voicemail left by a woman named Sherry I believe. I am getting tired of it. Please stop them.

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