Legacy Insurance Health Insurance Telemarketing TCPA Class Action

The Telephone Consumer Protection Act (TCPA) attempts to give consumers some control over which companies are permitted to telemarket to them. Unfortunately, telemarketing calls are still a problem because many companies do not comply with the law. The complaint for this class action brings suit against Legacy Insurance Solutions, LLC and its employee, Benjamin Frutchey, for violating the TCPA by placing unwanted calls to consumer cell phones.

The class for this action is (a) all persons (b) who, on or after February 4, 2016, (c) received calls from Legacy Insurance Solutions or Benjamin Frutchey on their cell phones, (d) where the calls were made using an automatic dialing system or an artificial or prerecorded voice.

Congress passed the TCPA in 1991 in response to an explosion of unwanted telemarketing bought about by the availability of automatic dialing systems and prerecorded messaging. However, telemarketing is still a problem for consumers. According to the complaint, the Federal Trade Commission received more than 5.3 million complaints about it in 2016, and the Communications Commission gets more than 200,000 complaints about it each year. These complaints are in addition to those received every year by each state’s attorney general’s office.

In the case of cell phone owners, who pay for incoming as well as outgoing calls, telemarketers represent an expense as well as a nuisance.

Among other things, the TCPA currently makes it unlawful for telemarketers to place non-emergency calls to consumer cell phones using an automatic dialing system or an artificial or prerecorded voice unless the telemarketer has the consumers’ prior express written consent to receive such calls. The term “calls” includes regular voice calls, voicemails, and text messages.

Cell phones are at issue in this particular case. Plaintiff Sidney Naiman alleges that Legacy Insurance Solutions or Benjamin Frutchey placed a call, or caused it to be placed, to Naiman’s cell phone on September 9, 2019.

When Naiman picked up, a caller who identified herself as May, first asked for “Vincent.” When she was told she’d reached someone else, the complaint says, she said she was autodialing prospective insurance customers. She then transferred the call to Frutchey, who said he could lower Naiman’s health insurance premiums. Within thirty minutes after the end of the call, Naiman received a text message from Frutchey that asked for more information “to prepare your quote.”

Naiman claims he has not consented to receive calls from Legacy or Frutchey. Also, his number has been listed on the National Do Not Call Registry since before January 1, 2019.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Legacy Insurance Health Insurance Telemarketing TCPA Complaint

February 4, 2020

The Telephone Consumer Protection Act (TCPA) attempts to give consumers some control over which companies are permitted to telemarket to them. Unfortunately, telemarketing calls are still a problem because many companies do not comply with the law. The complaint for this class action brings suit against Legacy Insurance Solutions, LLC and its employee, Benjamin Frutchey, for violating the TCPA by placing unwanted calls to consumer cell phones.

Legacy Insurance Health Insurance Telemarketing TCPA Complaint

Case Event History

Legacy Insurance Health Insurance Telemarketing TCPA Complaint

February 4, 2020

The Telephone Consumer Protection Act (TCPA) attempts to give consumers some control over which companies are permitted to telemarket to them. Unfortunately, telemarketing calls are still a problem because many companies do not comply with the law. The complaint for this class action brings suit against Legacy Insurance Solutions, LLC and its employee, Benjamin Frutchey, for violating the TCPA by placing unwanted calls to consumer cell phones.

Legacy Insurance Health Insurance Telemarketing TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer