Allstate Cell Calls and Do Not Call Registry Numbers TCPA Class Action

Telemarketing is not completely illegal—as long as the telemarketers follow certain procedures and meet certain requirements. However, the complaint for this class action alleges that Allstate Insurance Company does not meet those requirements and that it makes unlawful calls to consumers, in violation of the Telephone Consumer Protection Act (TCPA).

According to the complaint, Allstate violates the law in two ways. First, it has launched an advertising campaign “that features the repeated making of unsolicited, autodialed phone calls to consumers’ phones…” Second, it has “called persons using an automatic telephone dialing system (‘ATDS’) and repeatedly called persons who had registered their phone numbers on the National [Do Not Call (DNC)] Registry.”

One of the two plaintiffs in this class action, Benjamin Garner, registered his cell phone number with the National Do Not Call Registry on February 2, 2016. On June 4, 5, 6, and 10 and July 24, 2019, Garner received telemarketing calls that all appeared to be either from Allstate or from someone acting on its behalf.

The complaint alleges that the calls were made with an ATDS and that Garner had not given Allstate or its agents his prior express consent to contact him.

The other plaintiff, Deborah Schick, registered her cell phone numbers with the National Do Not Call Registry on April 11, 2004 and June 10, 2017 respectively. She received calls on one or the other phone on August 7, 21, and 26, September 16, and December 18, 2019 that purported to be made or on behalf of Allstate.

The complaint claims that the calls were made with an ATDS and that Schick had not given Allstate or any of the calling parties her prior express consent to call her.

Two classes have been defined for this action.

  • The No Consent Class is all persons in the US (1) to whose cell phone number (2) Allstate or its agents made calls, (3) using the same equipment used to call the plaintiffs in this case, (4) between August 10, 2016 and the date the Notice is distributed to the class in this case, and (5) from whom Allstate claims it obtained prior express consent in the same way it supposedly obtained it from the plaintiffs in this case.
  • The DNC Registry Class is all persons in the US to whose phone number (1) Allstate or its agents (2) placed at least two calls, (3) for the same purpose as they call the plaintiffs in this case, (4) between August 10, 2016 and the date the Notice is distributed to the class in this case, (5) where the person’s phone number had been on the National Do Not Call Registry for at least thirty days.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Allstate Cell Calls and Do Not Call Registry Numbers TCPA Complaint

August 10, 2020

Telemarketing is not completely illegal—as long as the telemarketers follow certain procedures and meet certain requirements. However, the complaint for this class action alleges that Allstate Insurance Company does not meet those requirements and that it makes unlawful calls to consumers, in violation of the Telephone Consumer Protection Act (TCPA).

Allstate Cell Calls and Do Not Call Registry Numbers TCPA Complaint

Case Event History

Allstate Cell Calls and Do Not Call Registry Numbers TCPA Complaint

August 10, 2020

Telemarketing is not completely illegal—as long as the telemarketers follow certain procedures and meet certain requirements. However, the complaint for this class action alleges that Allstate Insurance Company does not meet those requirements and that it makes unlawful calls to consumers, in violation of the Telephone Consumer Protection Act (TCPA).

Allstate Cell Calls and Do Not Call Registry Numbers TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer