Eldercare Calls to Seniors on DNC Registry Class Action

“When Congress enacted the TCPA in 1991, it found that telemarketers called more than 18 million Americans every day.” So begins an early paragraph of the complaint for this class action, which brings suit against Integrity Marketing Group, LLC (IMG) and Eldercare Insurance Services, Inc. under the Telephone Consumer Protection Act. “By 2003,” it goes on, “due to more powerful autodialing technology, telemarketers were calling 104 million Americans every day.”

The number has continued to rise. According to YouMail, which tracks robocalls, 5.2 billion robocalls were made in March 2019 alone. The complaint says, “YouMail estimates that in 2019 robocall totals will exceed 60 billion.”

According to the complaint, “IMG is an independent distributor of life and health insurance products that focuses on serving senior consumers.” Eldercare is one of a number of companies that IMG owns and manages “to provide insurance and other services for senior consumers…”

The complaint alleges that IMG and Eldercare hire agents to do telemarketing and provide these agents with the T-65 List and Map, “a lead generation tool which provides names and phone numbers of consumers that are about to turn 65[] years[] old even though those consumers have no relationship with Eldercare.”

In mid-January 2020, plaintiff Cindi Degeyter received an unsolicited call from a number the complaint says is associated with Eldercare. An agent then attempted to pitch insurance to her. Degeyter explained that she was not interested and that her number was on the DNC Registry.

Even so, she received another call on January 20, 2020. Once again, she said she was not interested and told the company she did not want to receive calls from them. However, the company called her a third time on January 27.

The complaint alleges that Degeyter did not have a business relationship with Eldercare and had never given her consent to receive telemarketing calls.

Two classes have been defined for this action.

  • The Do Not Call Registry Class is all persons in the US who, between February 17, 2016 and the certification of the class in this case, (a) was called by or on behalf of Eldercare or IMG, (b) at their residential telephone number (c) two or more times during any twelve-month period during which the number was registered on the DNC list, and (d) for whom Eldercare or IMG claims either that it did not obtain those persons’ prior express written consent or obtained it in the same manner as it did from the plaintiff in this case.
  • The Internal Do Not Call Registry Class is all persons in the US who, between February 17, 2016 and the certification of the class in this case, (a) was called by or on behalf of Eldercare or IMG, (b) at their residential telephone number (c) two or more times during any twelve-month period during which the number was registered on the DNC list, and (d) while the party calling failed to adequately implement an internal Do Not Call list.
Article Type: Lawsuit
Topic: Insurance

Most Recent Case Event

Integrity Marketing, Eldercare Telemarketing Calls to Seniors on DNC List Complaint

February 17, 2020

“When Congress enacted the TCPA [Telephone Consumer Protection Act] in 1991, it found that telemarketers called more than 18 million Americans every day.” So begins an early paragraph of this complaint, bringing suit against Integrity Marketing Group, LLC (IMG) and Eldercare Insurance Services, Inc. In 2003, the number was apparently 104 million Americans per day.

Case Event History

Integrity Marketing, Eldercare Telemarketing Calls to Seniors on DNC List Complaint

February 17, 2020

“When Congress enacted the TCPA [Telephone Consumer Protection Act] in 1991, it found that telemarketers called more than 18 million Americans every day.” So begins an early paragraph of this complaint, bringing suit against Integrity Marketing Group, LLC (IMG) and Eldercare Insurance Services, Inc. In 2003, the number was apparently 104 million Americans per day.

Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Telephone Calls