Abraham Jewett  |  February 24, 2023

Category: Legal News

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An open book with "Telephone Consumer Protection Act" written
(Photo Credit: ​​Vitalii Vodolazskyi/Shutterstock)

TCPA class action lawsuits overview: 

  • Who: There have been recent class action lawsuits and settlements revolving around Telephone Consumer Protection Act claims involving Margaritaville Enterprises, Gerber Life Insurance, Highmark Health Options and Montway.
  • Why: Consumers behind the complaints claim the companies sent them telemarketing calls and/or texts without their consent.
  • Where: The calls and texts occurred nationwide.

Several class action lawsuits revolving around claims companies made unlawful telemarketing calls and texts have recently been filed and/or resolved with class action settlements. 

The class action lawsuits were filed over claims the companies, including Margaritaville Enterprises, Gerber Life Insurance, Highmark Health Options and Montway, violated the Telephone Consumer Protection Act (TCPA)

The TCPA is the result of a 1991 amendment to the Communications Act of 1934 and was made to address concerns with telemarketing calls and certain telemarketing practices. 

Margaritaville Enterprises allegedly sends unsolicited marketing texts Do Not Call Registry members

A consumer filed a class action lawsuit against Margaritaville Enterprises LLC, arguing the company violated the TCPA by allegedly sending unsolicited marketing texts to their phone number, which is listed on the National Do Not Call Registry. 

The consumer behind the complaint argues she had never done any business with Margaritaville and specifically signed up for the National Do Not Call Registry to avoid receiving unsolicited text messages and calls. 

She further claims Margaritaville continued to send unsolicited telemarketing text messages even after the consumer texted “Stop.” 

Gerber Life Insurance faces claims it sent unsolicited, unlawful telemarketing calls

In other TCPA class actions news, a consumer hit Gerber Life Insurance with a class action lawsuit last month, arguing the company sent unsolicited and unlawful telemarketing calls to promote its life insurance policies. 

The consumer behind the class action lawsuit argues they received telemarketing calls from Gerber Life despite their phone number being listed on the National Do Not Call Registry in an alleged violation of the TCPA. 

They also accuse Gerber Life of calling consumers “en masse” on account of “the proximity of the calls and the similarity of the calls, as well as the pause and click which reveals use of a predictive dialer.”

Highmark Health Options agrees to pay $1.85M to end telemarketing call complaints

Highmark Health Options agreed to pay $1.85 million last month to put to bed claims the company violated the law by allegedly contacting consumers with unsolicited and automated telemarketing calls

The class action settlement benefits consumers who received either prerecorded or automated telemarketing phone calls from Highmark from between Nov. 30, 2016, and Dec. 13, 2022. 

Individuals who want to make a claim to join the class action settlement must submit a valid claim form by March 27. 

Montway to pay $1.45M million over claims it sent telemarketing calls without required consent

Montway agreed to pay $1.45 million last month to resolve claims the company violated the TCPA by allegedly contacting consumers with telemarketing calls without receiving consent required to do so

The class action settlement benefits consumers who received a telemarketing call from Montway between July 16, 2017, and Aug. 3, 2021, after having requested a quote or order for the company’s transportation services. 

The settlement is currently closed. A valid claim form needed to be submitted by Feb. 18 to make a claim to join the class action settlement. 

Have you received an unsolicited and unwanted telemarketing call or text? Let us know in the comments! 


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14 thoughts onTCPA class action lawsuits confront companies over unsolicited marketing calls, texts

  1. Cheryl miller says:

    I have several text messages from companies, politicians and such.

  2. Tamila cooper says:

    I get phone calls and texts all day even 10 o clock at night text message even e mails from so many company’s prize rewad everyday reward and more I haven’t sign up for the service I’ve block so many calls and text ms I’m over my limited

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