Insurance Firm Denies Engaging in Willful or Knowing TCPA Misconduct
Great Western Insurance Co. denies the allegations in Micheal Welch’s Feb. 1 class action that it violated the Telephone Consumer Protection Act (see 2402020002), said the insurer’s answer Friday (docket 6:24-cv-00234) in U.S. District Court for Middle Florida in Orlando.…
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Welch alleges that Great Western engages in unsolicited marketing, “harming thousands of consumers in the process.” He further alleges that all of Great Western’s violations “were knowing, willful, and intentional,” and that it didn’t maintain procedures “reasonably adapted to avoid any such violation.” But Great Western’s answer asserts 31 affirmative defenses, including that the TCPA’s safe harbor provision bars Welch’s claims. Great Western also contends that the plaintiff “expressly or impliedly consented to and approved all the acts and omissions about which he now complains,” said its answer. Great Western also denies engaging in willful or knowing TCPA misconduct, and it contends that any of Welch’s alleged injuries “are the result of the conduct of an entity or entities that acted outside the scope of their agency” or breached “relevant contractual provisions” for which Great Western can’t be held responsible, it said. The insurer further contends that Welch’s claims on behalf of the putative class are barred because his case isn’t maintainable as a class action under Rule 23, said its answer.