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Insurance Services Firm is in ‘Plain Violation’ of TCPA, Says Class Action

Defendant NextGen Leads runs a campaign to market its insurance services through the use of prerecorded telemarketing calls to numbers on the national do not call registry, in “plain violation” of the Telephone Consumer Protection Act, alleged plaintiff Cynthia Powell’s…

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class action Thursday (docket 1:23-cv-00272) in U.S. District Court for Southern Alabama in Mobile. Because the calls were transmitted “using technology capable of generating thousands of similar calls per day,” Powell, an Alabama resident, sues “on behalf of a proposed nationwide class of other persons who received similar calls,” it said. At no point has Powell “sought out or solicited” NextGen’s services before receiving the prerecorded calls on her cellphone, it said. Her complaint estimates she received at least five calls from NextGen since July 7. Powell and members of her proposed class have been harmed by the defendant’s conduct “because their privacy has been violated and they were annoyed and harassed,” it said.