Export Compliance Daily is a Warren News publication.

Clearlink Insurance Violated TCPA, S.C. Privacy Law, Says Plaintiff

Clearlink Insurance hired vendors, including X-Telecom, to place telemarketing calls to plaintiff Daniel Costa and other putative class members, despite his number's listing on the national do not call registry, alleged Costa's Telephone Consumer Protection Act class action Thursday (docket…

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

3:23-cv-05874) in U.S. District Court for South Carolina in Columbia. The South Carolina resident received scripted calls from X-Telecom on “at least” Oct. 30 and Nov. 1 asking about Medicare. To prepare him to be transferred to Clearlink, the agent asked Costa his age and ZIP code, it said. On the Nov. 1 call, he was transferred to a representative at Clearlink who promoted supplemental Medicare insurance, it said. Costa’s privacy was violated because he didn’t consent to receive the calls, he said. The plaintiff and the class have been harmed by the defendants' actions because “their privacy has been violated, they were annoyed and harassed,” the complaint said. Also, the calls occupied their phone lines, making them unavailable for “legitimate communication.” In addition to TCPA violations, Costa claims violation of the South Carolina Telephone Privacy Protection Act. He seeks statutory damages and a declaration that defendants violated the privacy laws.