Fraser Financial, Massachusetts Insurance Cell Phone Calls TCPA Class Action

Congress passed the Telephone Consumer Protection Act (TCPA) in 1991, when automated equipment was becoming more readily available to telemarketers, allowing them to reached overwhelming numbers of consumers every day. The complaint for this class action alleges that Fraser Financial and Insurance Services, Inc. and Massachusetts Mutual Life Insurance Company violated the TCPA when they sent telemarketing calls to consumer cell phones.

Fraser Financial and Insurance Services is identified in the complaint as an investment and financial services company that makes business loans. Massachusetts Mutual Life Insurance is identified as offering life insurance products. The complaint does not specify the relationship between the two companies or what part each played in the placing of the call.

However, the complaint alleges that the two companies contacted plaintiff Jonathan Loyhayem on his cell phone in December 2019. The complaint is unclear as to whether the companies made only one call or several. The contact came from a number the complaint says was “verified to belong to Defendants.”

The TCPA prohibits companies from placing non-emergency calls to consumer cell phones using automatic telephone dialing systems (ATDSs) or artificial or prerecorded voices unless they have the consumers’ prior express written consent to receive such calls.

According to the complaint, the call was made using an ATDS and an artificial or prerecorded voice, even though Loyhayem is not a customer of the companies and has never given them his consent to receive such calls. 

Also, Loyhayem had registered his cell phone on the National Do Not Call Registry more than thirty days before the date of the call.

The purpose of the call to Loyhayem, the complaint says, was “to solicit him for employment with the company…” The complaint says, “Such calls constitute solicitation calls pursuant to [the TCPA] as they were attempts to promote or sell [the companies’] services.”

Two classes have been proposed for this action. 

  • The ATDS Class is all persons in the US who received solicitation calls from Fraser or Massachusetts Mutual which were made using an ATDS or an artificial or prerecorded voice, between January 28, 2016 and January 28, 2020, where the persons had not previously consented to receiving such calls.
  • The DNC Class is all persons in the US whose number had been registered on the National Do Not Call (DNC) Registry for at least thirty days, who had no prior established business relationship with Fraser or Massachusetts Mutual and who had not granted those companies prior express consent, who received more than one call, from either of those companies promoting their products or services, within any twelve-month period, between January 28, 2016 and January 28, 2020.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Fraser Financial, Massachusetts Insurance Cell Phone Calls TCPA Complaint

January 28, 2020

Congress passed the Telephone Consumer Protection Act (TCPA) in 1991, when automated equipment was becoming more readily available to telemarketers, allowing them to reached overwhelming numbers of consumers every day. The complaint for this class action alleges that Fraser Financial and Insurance Services, Inc. and Massachusetts Mutual Life Insurance Company violated the TCPA when they sent telemarketing calls to consumer cell phones.

fraser_financial_tcpa_complaint.pdf

Case Event History

Fraser Financial, Massachusetts Insurance Cell Phone Calls TCPA Complaint

January 28, 2020

Congress passed the Telephone Consumer Protection Act (TCPA) in 1991, when automated equipment was becoming more readily available to telemarketers, allowing them to reached overwhelming numbers of consumers every day. The complaint for this class action alleges that Fraser Financial and Insurance Services, Inc. and Massachusetts Mutual Life Insurance Company violated the TCPA when they sent telemarketing calls to consumer cell phones.

fraser_financial_tcpa_complaint.pdf
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer, Use of artificial or pre-recorded voice