This class action lawsuit claims that Nextgen Leads violated the Telephone Consumer Protection Act (TCPA) by making unsolicited calls to consumers’ home telephones 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 make unsolicited calls to consumers without prior express consent, except for emergencies.
Nextgen Leads is a company that generates insurance leads to sell to insurance companies. Insurance companies and healthcare providers use insurance leads to contact existing customers and acquire new ones. The process of generating leads includes extraction digitally via the Internet, through personal referrals, through telephone calls either by the company or telemarketers, through advertisements, and through events.
The plaintiff in this lawsuit, Susan Hayes, is a resident of Folsom, California. Beginning in August 2016, Nextgen Leads contacted Hayes’s home telephone in an attempt to market their services. The calls came from two different telephone numbers, neither of which had consent to contact Hayes. Her home phone had been added to the National Do-Not-Call Registry over a month before the first contact. On one of the calls, Nextgen Leads was reluctant to disclose who thy were or how they obtained Hayes’s number. After this conversation, Hayes demanded Nextgen Leads to stop contacting her. Despite this, they continued calling her.
Based on the facts of the case, the plaintiff in this lawsuit alleges that Nextgen Leads violated the Telephone Consumer Protection Act by making these unsolicited calls to her home telephone and other consumers’ telephones without consent.