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Burial Insurance Seller Violated TCPA Via Third-Party Caller, Alleges Class Action

Tranzact, a seller of burial insurance, is waging a campaign to market its services through a third-party, temporarily called John Doe Corp., that makes telemarketing calls to numbers on the national do not call registry, in “plain violation” of the…

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Telephone Consumer Protection Act, alleged Virginia Cole’s class action Tuesday (docket 3:23-cv-01083) in U.S. District Court for Middle Tennessee in Nashville. Indicative of its “en masse calling,” the company used spoofed local caller ID numbers, it said. Tranzact was previously targeted in complaints and lawsuits for contacting numbers in violation of the TCPA, or hiring others to do so on its behalf, it said. Cole and all members of her class have been harmed by the unlawful conduct “because their privacy has been violated and they were annoyed and harassed,” it said. The FCC said sellers such as Tranzact may not avoid vicarious TCPA liability “by outsourcing telemarketing to third parties,” it said.