SelectQuote Insurance Unwanted Cell Phone Calls TCPA Class Action

The complaint for this class action alleges that SelectQuote Insurance Services uses telemarketing to cell phones to seek customers. In doing this, the complaint says, it violates the Telephone Consumer Protection Act (TCPA).

Congress intended that the TCPA relieve consumers of some of the rapidly-growing burden of telemarketing. Congress found that “[b]anning such automated or prerecorded telephone calls to the home, except when the receiving party consents to receiving the call or when such calls are necessary in an emergency … is the only effective means of protecting telephone consumers from this nuisance and privacy invasion.”

Cell phone owners were a particular concern, because, as Judge Easterbrook of the Seventh Circuit said, “subscribers often are billed by the minute as soon as the call is answered—and routing a call to voicemail counts as answering the call.”

Under the TCPA, it is unlawful for a business to make non-emergency calls to consumer cell phones, using an automatic dialing system or an artificial or prerecorded voice, unless it has the consumers’ prior express written consent.

In this case, on or about February 10, 2020, SelecetQuote called plaintiff Thane Charman’s cell phone. When Charman answered the call, he heard a beep and then there was a noticeable delay before he was addressed by the voice of a prerecorded agent. The complaint notes that the beep and delay are signs of the use of an automatic dialing system.

The prerecorded voice mentioned the name affordableinsurance.com and questioned Charman about his car insurance and some personal information. If Charman did not answer a question, the question would repeat. At the end, the prerecorded voice implied that an agent would call Charman, and then the call ended.

On February 12, a live agent called Charman’s cell phone, offering him purportedly good deals on insurance. Right after the call, SelectQuote sent Charman an e-mail, with a SelectQuote logo and a link to the company’s website.

The complaint claims that Charman never gave SelectQuote his cell phone number and did not give it his prior express written consent to call him.

The class for this action is all persons in the US who received a call on their cell phones, from SelectQuote or its agents or employees, which was made using an automatic dialing system or an artificial or prerecorded voice, between April 14, 2016 and April 14, 2020.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

SelectQuote Insurance Unwanted Cell Phone Calls TCPA Complaint

April 14, 2020

The complaint for this class action alleges that SelectQuote Insurance Services uses telemarketing to cell phones to seek customers. In doing this, the complaint says, it violates the Telephone Consumer Protection Act (TCPA).

SelectQuote Insurance Unwanted Cell Phone Calls TCPA Complaint

Case Event History

SelectQuote Insurance Unwanted Cell Phone Calls TCPA Complaint

April 14, 2020

The complaint for this class action alleges that SelectQuote Insurance Services uses telemarketing to cell phones to seek customers. In doing this, the complaint says, it violates the Telephone Consumer Protection Act (TCPA).

SelectQuote Insurance Unwanted Cell Phone Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer