Companies still use telemarketing campaigns to sell their goods and services, despite the fact that the Telephone Consumer Protection Act (TCPA) has limited their ability to intrude on customers with unwanted calls and messages for many years now. The complaint for this class action alleges that Givesurance Insurance Services, Inc. sent unwanted text messages to consumer cell phones, in violation of the TCPA.
The class for this action is
Congress passed the TCPA when automated telecommunications equipment became regularly available and companies began making thousands of calls per day, intruding on consumers and invading their privacy.
Congress found that “consumers are outraged over the proliferation of intrusive, nuisance calls to their homes from telemarketers…” and that “[e]vidence compiled by Congress indicates that residential telephone subscribers consider automated or prerecorded telephone calls, regardless of the content or the initiator of the message, to be a nuisance and an invasion of privacy[.]”
Cell phones were a particular concern because, since cell phone owners normally pay for incoming as well as outgoing calls, telemarketing cost them money.
Under the TCPA, it is unlawful “to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice …. to any telephone number assigned to a … cellular telephone service.” The law has since been amended to require the “prior express written consent” of the called party.
Plaintiff Brock Shank received a telemarketing text on his cell phone from Givesurance Insurance Services on March 26, 2019. Givesurance is an insurance broker that tries to sell its clients’ insurance services and policies to the general public.
The text message began, “Please contact our office to save you money on you [sic] Progressive Trucking InsurancePolicy. Kindly call Givesurance…”
The complaint alleges that the message was sent through the use of an automated dialing system, as part of a telemarketing campaign. It claims that the company did not have Shank’s prior express written consent to sent him such messages.