This class action lawsuit claims that Insurance Care Now violated the Telephone Consumer Protection Act (TCPA) by making unsolicited calls to consumers’ cell phones using an automatic telephone dialing system, all without consent.
The TCPA was designed to prevent creditors and telemarketers from making annoying calls to consumers. Congress determined that without a law to address these problems, technology to prevent unsolicited calls would be too expensive for all consumers. The TCPA is intended to ensure that all United States residents have privacy. It states that companies cannot use an automatic telephone dialing system to make unsolicited calls to consumers without prior express consent, except for emergencies. An automatic telephone dialing system is a program that stores telephone numbers and generates random numbers for computers to automatically dial.
One plaintiff in this lawsuit is a business owner in San Diego, California. He never entered a business relationship with Insurance Care Now. Beginning in September 2016, Insurance Care Now began calling the plaintiff on his cell phone. From September 26, 2016, to September 28, 2016, Insurance Care Now contacted the plaintiff five times on his cell phone. It is believed that they contacted him using an automatic telephone dialing system. At no time did the plaintiff ever give Insurance Care Now consent to contact his cell phone.
Based on the facts of the case, the plaintiff in this lawsuit alleges that Insurance Care Now violated the Telephone Consumer Protection Act by making these unsolicited calls to his cell phone and other consumers’ cell phones without consent.