Northwestern Mutual Called Numbers on Do Not Call Registry TCPA Class Action

One of the protections offered under the Telephone Consumer Protection Act (TCPA) against telemarketers is the National Do Not Call (DNC) Registry. Consumers can register their numbers there, and telemarketers are supposed to “scrub” their call lists of all the numbers in the registry. The complaint for this class action claims that Northwestern Mutual Life Insurance Company does not do this.

The National Do Not Call Registry Class for this action is all persons in the US (1) whose telephone numbers were on the National Do Not Call Registry for at least thirty-one days, (2) but who received more than one telemarketing call from or on behalf of the defendants in this case (Northwestern Mutual and Mabry) (3) within a twelve-month period, (4) between January 6, 2017 and the present.

Consumers who register numbers on the National DNC Registry should not receive calls from telemarketers. The complaint quotes from the law, saying, “A listing on the Registry ‘must be honored indefinitely, or until the registration is cancelled by the consumer or the telephone number is removed by the database administrator.’”

If telemarketers call a number on the Registry anyway, the owner of the number has a “private right of action,” that is, the right to bring a case like this against the telemarketer or the company on whose behalf the telemarketing is done.

According to the complaint Northwestern Mutual made at least two calls to the plaintiff in this case, Kenneth Johansen, on June 30 and July 1, 2020, trying to get him to buy its financial services. The individual Johansen spoke to, Landon Pilcher, said he was a “partner” with Northwestern Mutual and calling to make an appointment for Johansen with his boss, Eric Mabry. (Mabry is also named as a defendant in this case.)

When Johansen asked Pilcher where he’d gotten his telephone number, Pilcher said that his team did a lot of business in Johansen’s area (of Cincinnati, Ohio and that Johansen had probably been referred by a friend. The complaint says dryly, “While Mr. Johansen doubts that, in any event, that is not a sufficient basis to make a telemarketing call to someone who is on the National Do Not Call Registry.”

The following day, and again on July 15, 2020, Johansen called Northwestern Mutual to ask if it had any permission to contact him with telemarketing calls. The complaint said, “None was provided.”

The Federal Communications Commission (FCC) stated, in a Declaratory Ruling of May 9, 2013, that it is not only the person who performs the telemarketing who can be sued over calls. Businesses “may be held vicariously liable under federal common law principles of agency for violations … that are committed by third-party telemarketers.”

The FCC explains, “[A]llowing the seller to avoid potential liability by outsourcing its telemarketing activities to unsupervised third parties would leave consumers in many cases without an effectively remedy[.]”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Northwestern Mutual Calling Numbers on Do Not Call Registry TCPA Complaint

January 6, 2021

One of the protections offered under the Telephone Consumer Protection Act (TCPA) against telemarketers is the National Do Not Call (DNC) Registry. Consumers can register their numbers there, and telemarketers are supposed to “scrub” their call lists of all the numbers in the registry. The complaint for this class action claims that Northwestern Mutual Life Insurance Company does not do this.

Northwestern Mutual Calling Numbers on Do Not Call Registry TCPA Complaint

Case Event History

Northwestern Mutual Calling Numbers on Do Not Call Registry TCPA Complaint

January 6, 2021

One of the protections offered under the Telephone Consumer Protection Act (TCPA) against telemarketers is the National Do Not Call (DNC) Registry. Consumers can register their numbers there, and telemarketers are supposed to “scrub” their call lists of all the numbers in the registry. The complaint for this class action claims that Northwestern Mutual Life Insurance Company does not do this.

Northwestern Mutual Calling Numbers on Do Not Call Registry TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Telephone Calls