Liberty Bankers Life Insurance Company Unlawful Cell Phone Calls TCPA Class Action

“Consumer complaints to the [Federal Trade Commission (FTC)] about illegal calls have more than quintupled over the last ten years, growing from about 63,000 per month in 2009 to an average of more than 450,000 per month in fiscal year 2019.” So says the complaint for this class action against Liberty Bankers Life Insurance Company. It takes its information from the FTC’s December 2017 Biennial Report to Congress.

Because the “sheer volume of illegal telemarketing overwhelms the enforcement efforts of governing agencies such as the FTC and the Federal Communications Commission” private actions, like this class action, “play a critical role in combatting illegal telemarketing.”

The law that regulates telemarketing to consumers is the Telephone Consumer Protection Act (TCPA). One of the best-known features of the TCPA is its setting up of the National Do Not Call Registry, where consumers can list their numbers to ask telemarketers not to call them.

On July 22, 2019, Liberty Bankers Life Insurance Company made a telemarketing call to the plaintiff in this case, Diana Mey. The call went to Mey’s cell phone, which had been listed on the National Do Not Call Registry for more than 31 days. When Mey answered the call, there was a click and a long pause. Then a representative began reading a scripted sales pitch for insurance. The representative identified himself as “Eric,” calling for Liberty Bankers, and then disconnected the call.

The complaint alleges that the pause heard by Mey when she answered the phone indicated the use of a predictive dialer, or an automatic dialing system. Mey alleges that she never gave Liberty Bankers her consent to received autodialed calls on her cell phone.

Two classes have been proposed for this class action.

  • Class 1 is all persons in the US (a) to whose cell phones Liberty Bankers or a party acting on its behalf, placed a call between February 14, 2016 and February 14, 2020, (b) using equipment that has the capacity to dial numbers automatically, (c) without the prior express consent of the recipient shown in Liberty Bankers’ records.
  • Class 2 is all persons in the US (a) whose telephone numbers were on the Do Not Call Registry for at least thirty-one days and (b) to whose telephone numbers Liberty Bankers or a party acting on its behalf placed more than one call within a twelve-month period at any point between February 14, 2016 and February 14, 2020, (c) to promote the sale of its products or services.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Liberty Bankers Life Insurance Company Unlawful Cell Phone Calls Complaint

February 14, 2020

“Consumer complaints to the [Federal Trade Commission (FTC)] about illegal calls have more than quintupled over the last ten years, growing from about 63,000 per month in 2009 to an average of more than 450,000 per month in fiscal year 2019.” So says the complaint for this class action against Liberty Bankers Life Insurance Company.

Liberty Bankers Life Insurance Company Unlawful Cell Phone Calls Complaint

Case Event History

Liberty Bankers Life Insurance Company Unlawful Cell Phone Calls Complaint

February 14, 2020

“Consumer complaints to the [Federal Trade Commission (FTC)] about illegal calls have more than quintupled over the last ten years, growing from about 63,000 per month in 2009 to an average of more than 450,000 per month in fiscal year 2019.” So says the complaint for this class action against Liberty Bankers Life Insurance Company.

Liberty Bankers Life Insurance Company Unlawful Cell Phone Calls Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls