fbpx

Bankers Life and Casualty Unwanted Telemarketing Calls Class Action

What should the penalties be when a company repeatedly violates a law, even after the warnings of federal regulators? The complaint for this class action claims that Bankers Life and Casualty Company has repeatedly violated the Telephone Consumer Protection Act (TCPA) despite a warning from the Federal Communications Commission (FCC).

The class for this action is all persons in the US whose telephone numbers were on the National Do Not Call Registry, and who received two or more telemarketing calls from Bankers Life, or on its behalf, during the applicable statute of limitations.

Congress passed the TCPA to try to stem the tide of telemarketing calls deluging consumers. The problem was triggered by new technology that allowed companies to place thousands of calls with very little trouble to themselves. The prohibitions were extended to text messages and faxes, and a National Do Not Call Registry was established.

Under the TCPA, consumers whose phone numbers are registered with the Do Not Call Registry should not receive more than one call in a twelve-month period from any one entity. Some states have also set up their own Do Not Call Registries.

The complaint claims that, in 2004, the company entered into a consent agreement with the Attorney General of Kansas, agreeing to stop making calls to numbers on the Do Not Call Registry. According to the complaint, Bankers Life paid a mere $5,000 to the attorney general’s office.

In 2007, Bankers Life received an official Citation from the FCC for violations of rules on telemarketing. (A copy of this letter was attached to the original complaint as Exhibit A.) The FCC explained the terms of the law and warned the company “in bold underlined language” that additional violations could make it liable for penalties of up to $11,000 per violation.

Despite these actions, the complaint claims that the company continues to violate the law, requiring employees to make 200 to 500 calls per day attempting to sell supplements to Medicare insurance to those who are about to turn sixty-five. It claims that Inside Edition did a television program about the company’s abusive telemarketing and sales practices, and that the company was investigated by the US Senate Special Committee on Aging.

The complaint claims that the company repeatedly called plaintiff Jeffrey H. Tope, a retired helicopter test pilot, at least a half a dozen times, even though he told them his number was on the Florida and National Do Not Call Registries. After Tope asked the company to stop calling him, the complaint says, it sent a salesperson who showed up unannounced at his home.  

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Bankers Life and Casualty Unwanted Telemarketing Calls Complaint

February 26, 2018

What should the penalties be when a company repeatedly violates a law, even after the warnings of federal regulators? The complaint for this class action claims that Bankers Life and Casualty Company has repeatedly violated the Telephone Consumer Protection Act (TCPA) despite a warning from the Federal Communications Commission (FCC). It claims that the company placed at least six calls to Plaintiff Jeffrey H. Tope, even though his phone number was on the National Do Not Call Registry. 

bankers_life_tcpa_complaint.pdf

Case Event History

Bankers Life and Casualty Unwanted Telemarketing Calls Complaint

February 26, 2018

What should the penalties be when a company repeatedly violates a law, even after the warnings of federal regulators? The complaint for this class action claims that Bankers Life and Casualty Company has repeatedly violated the Telephone Consumer Protection Act (TCPA) despite a warning from the Federal Communications Commission (FCC). It claims that the company placed at least six calls to Plaintiff Jeffrey H. Tope, even though his phone number was on the National Do Not Call Registry. 

bankers_life_tcpa_complaint.pdf
Tags: Called Number on Do Not Call Registry, TCPA