Defendant Showed No ‘Corporate Responsibility,’ Says Opposition to Motion to Dismiss
Network Insurance Senior Health Division (NISHD) “should have exercised corporate responsibility” and obtained the FCC’s do not call list “that is readily available to them,” said plaintiff Timothy Aguilar’s opposition Thursday (docket 4:23-cv-03988) in U.S. District Court for Southern Texas…
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.
in Houston. NISHD last month moved to dismiss his Oct. 19 Telephone Consumer Protection Act complaint (see 2310200031). The company should have “further scrubbed” its records for Aguilar’s cellphone number on the DNC list, said his opposition. NISHD had more than a decade “to conduct this procedure,” but it failed “in that corporate endeavor,” it said. Aguilar has consistently told telemarketers to "quit calling him," and that his number is on the DNC list, “but that just does not matter,” it said. Of the 900-plus robocalls that Aguilar has received, “there was no express consent” given to NISHD or its agents or representatives “to commit to a campaign” of robocalls, it said. Aguilar’s complaint alleges he was harassed, “cussed at" and victimized by NISHD’s robocalls that solicited car warranties, medical and diabetic services, final expense services, home solar products and accident claim legal services.