Insurance Alliance Phoned Number Listed on DNC Registry for 20 Years: Class Action
Though plaintiff Aaron Rapp’s cellphone number has been listed on the national do not call registry for almost 20 years, the National Agents Alliance made numerous unauthorized phone calls to that number for the purpose of soliciting insurance business, said…
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Rapp’s Telephone Consumer Protection Act class action Tuesday (docket1:24-cv-00068) in U.S. District Court for Northern Indiana in Fort Wayne. The alliance recruits, screens and trains independent contractors to sell insurance for various insurance carriers, said the complaint. It has been recognized as one of the most prominent independent marketing organizations in the U.S. and has sold more than $1.6 billion worth of life insurance policies to American consumers, Rapp's complaint said. But the alliance “has sought to grow its business by flagrantly disregarding the TCPA and its governing regulations,” said the complaint. Rapp didn’t provide the alliance with his cellphone number at any point in time, nor did the Indiana resident give permission for the alliance to make phone solicitations to him or to send or leave him telemarketing messages, it said. The alliance failed to establish and implement “reasonable practices and procedures” to effectively prevent phone solicitations to Rapp and other similarly situated persons, in violation of the TCPA’s implementing regulations, said the complaint. The alliance has “intentionally and repeatedly violated” the TCPA, and Rapp “properly alleges injuries in fact,” which are traceable to the alliance’s unlawful acts, “and are likely to be redressed by a favorable judicial decision,” it said.