Insurance Care Direct Robocalls to Cell Phones TCPA Class Action

“Robocalls and telemarketing calls are currently the number one source of consumer complaints” at the Federal Communications Commission (FCC), said a July 2016 article in the FCC’s blog. Most people hate it. The complaint for this class action alleges that Insurance Care Direct, Inc. (ICD) has violated the Telephone Consumer Protection Act (TCPA) because it did not get consumers’ consent to its automated telephone calls.

Automatic dialing systems and prerecorded voices have made it possible for telemarketers to contact thousands of consumers per day. This creates thousands of annoyed people. Congress passed the TCPA in hopes of giving average people a say in who was allowed to contact them for advertising purposes.

Cell phones were a particular concern, since cell phone owners typically pay for incoming as well as outgoing calls. This adds expense to annoyance for most consumers.

As it currently stands, the law forbids telemarketers from making non-emergency calls to consumer cell phones, using automatic telephone dialing systems and artificial or prerecorded voices, unless the telemarketer has the consumers’ prior express written consent. The word “calls” in this context refers to any contacting of the cell phone, whether for a regular call, a voicemail, or a text message.

Plaintiff Brenda Robinson began receiving telemarketing calls from ICD on her cell phone sometime around May 2018. The complaint says, “ICD called [Robinson] repeatedly, at different times and using different numbers to mask the identity of the caller.”

The calls were made with the use of a prerecorded voice, speaking the same message in the same voice, every time. Some calls began with the words, “Please hold,” followed by a pause before ICD’s telemarketing solicitation.

Robinson is not a customer of ICD. She says she does not have a business relationship with the company, did not give it her cell phone number, and did not give her prior express written consent to be contacted on her cell phone.

According to the complaint, “in the light of the nature and character of the calls at issue, including ICD’s use of Prerecorded Voice, the frequency of the calls, the uniform nature of each call, and the signature pauses in the calls,” ICD made the calls through the use of an automatic dialing system.

The class for this action is all persons in the US who, between February 10, 2016 and February 10, 2020, received a call from ICD on their cellular phone advertising its goods or services using an artificial or prerecorded voice or an automated telephone dialing system, where ICD does not have a written or electronic record of such persons giving it prior express written consent to receive such calls.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Insurance Care Direct Robocalls to Cell Phones TCPA Complaint

February 10, 2020

“Robocalls and telemarketing calls are currently the number one source of consumer complaints” at the FCC, said a July 2016 FCC article. The complaint for this class action alleges that Insurance Care Direct, Inc. (ICD) has violated the Telephone Consumer Protection Act (TCPA) because it did not get consumers’ consent to its automated calls.

Insurance Care Direct Robocalls to Cell Phones TCPA Complaint

Case Event History

Insurance Care Direct Robocalls to Cell Phones TCPA Complaint

February 10, 2020

“Robocalls and telemarketing calls are currently the number one source of consumer complaints” at the FCC, said a July 2016 FCC article. The complaint for this class action alleges that Insurance Care Direct, Inc. (ICD) has violated the Telephone Consumer Protection Act (TCPA) because it did not get consumers’ consent to its automated calls.

Insurance Care Direct Robocalls to Cell Phones TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer, Use of artificial or pre-recorded voice