iIts raining trouble on a certain well-known insurance company.
Following its stunning vicarious liability loss that turned the insurance-industry upside down last week, Allstate is facing another TCPA class action, and from a familiar foe– the same Robert Hossfeld that just crushed the company.
Yesterday Hossfeld filed a follow-on suit to his previous class action alleging more calls and seeking to represent yet another class of individuals.
Avid TCPAWorld readers will recall Hossfeld lost two bids to certify his last case even as he crushed Allstate on critical substantive issues. It will be fascinating to see if the new case is assigned to the same judge and, if so, if class certification is in the cards this time.
The proposed classes in the new suit are:
IDNC Class: All persons in the United States (i) to whom more than one call was
made for the purpose of encouraging the purchase of Allstate goods or services
(including to find a marketing “lead” for Allstate goods or services) in any 12-
month period, (ii) to a residential telephone number, (iii) where the phone number
was on the do-not-call list of Allstate or its agents or (sub)vendors at the time of at
least one such call.
Subclass: All persons in the IDNC class whose calls they received arose from the same Allstate (sub)vendors that called Plaintiffs (e.g., Transfer Kings/Atlantic).
Robocall Class: All cellular subscribers and/or residential subscribers in the United
States whose telephone number Allstate, or some third party on its behalf, called
using an artificial or prerecorded voice, where prior to such call there existed no
signed, written agreement with the recipient that included a disclosure informing
the person signing that: (A) By executing the agreement, such person authorizes
Allstate to deliver or cause to be delivered to the signatory telemarketing calls using
an artificial or prerecorded voice; and (B) the person is not required to sign the
agreement (directly or indirectly), or agree to enter into such an agreement as a
condition of purchasing any property, goods, or services.
The robocall class definition is funky but the IDNC class seems to be dangerous given what took place in Hossfeld 1.
You can read the full new complaint here: Hosfield Complaint
