May 15, 2021

Volume XI, Number 135


May 14, 2021

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May 13, 2021

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TCPAWorld After Dark: Colonial Penn Life Insurance Hit With TCPA DNC Class Action

Well the insurance vertical seems to be in the cross-hairs again.

I’ve seen a few recent filings against familiar names and I figured I’d point this one out. The good folks over at Colonial Penn just got hit with a class action filing in Florida.

Fits the recent trend–claims of automated calls without consent but asserts only a DNC claim, not a Facebook-ended ATDS claim. But the case remains plenty dangerous.

Complaint is here: Lang complaint

Note the allegation that “Colonial Penn, or an insurance agent of theirs, has placed multiple telemarketing calls to Ms. Lang…” Looks like Plaintiff is arguing that Col Penn can be liable for calls by independent agents–maybe even brokers. Remember that the DNC rules are tough in this context. 

Apparently the Lang Plaintiff made a complaint to the Florida Department of Agriculture, for some reason. Note the aged lead component here:

“I have not requested any information from any insurance company in over a decade and because of their harassment, would never do business with Colonial Penn. They are selling a product I do not want. I want them to GO AWAY!”

Now that’s a long sales cycle, folks.

Plaintiff seeks to represent a class of “All persons in the United States whose (1) telephone numbers were on the National Do Not Call Registry for at least 31 days, (2) but who received more than one telemarketing calls from or on behalf of Colonial Penn (3) within a 12-month period, (4) from four years prior the filing of the Complaint through trial.”

It remains to be seen whether any of these allegations have any merit.

The take aways:

  1. DNC claims reman dangerous and are being hotly pursued by Plaintiff’s lawyers (this one was by Avi Kaufman);

  2. Insurers should be on the lookout for claims targeting the conduct of agents and brokers;

  3. I know Facebook is good news, but no one should be dusting off leads from a decade ago and blasting them.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 111



About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...