A recent class action lawsuit filed in a Texas federal court asserts a Telephone Consumer Protection Act ("TCPA") claim against American Family Life Assurance Company, Inc. ("AFLAC") for allegedly placing unsolicited telephone calls to consumers whose phone numbers appeared on the National Do Not Call Registry ("National DNC"). Plaintiff, whose number was on the National DNC, alleged a single TCPA claim arising from her receipt of purported unsolicited life insurance related telemarketing calls from AFLAC. We discuss the alleged facts at issue in the proceeding below.
Do Not Call TCPA Claim
In Gonzalez v. Aflac Inc.,Plaintiff Yazmin Gonzalez ("Plaintiff") sued AFLAC on behalf of herself and a putative class of consumers. In her Complaint, Plaintiff alleged that she had placed her cell phone number on the National DNC on February 15, 2022. Between July 19, 2024 and July 21, 2024, Plaintiff claimed that she received four unsolicited calls from AFLAC offering its life insurance products. To identify who the then-unidentified caller was, Plaintiff asserted that she answered and engaged with the caller during the fourth call that she received. On this call, Plaintiff alleged that the individual telemarketer initially provided Plaintiff only with his name, and then asked Plaintiff a series of questions to determine whether Plaintiff was eligible for life insurance. After hearing that she was eligible for a life insurance policy from AFLAC, Plaintiff alleged that she received a text message from the caller stating that: (1) he was Plaintiff's insurance agent; and (2) AFLAC would be (A) sending Plaintiff a code in 5-10 minutes and (B) asking for Plaintiff to provide the telemarketer with that code. While on the call, Plaintiff asked the telemarketer if he was an insurance agent with AFLAC, and the caller stated that he was. Shortly after receiving the aforementioned phone calls, Plaintiff filed a Complaint in the United States District Court for the Western District of Texas alleging that AFLAC violated the Do Not Call provisions of the TCPA.
Hire Experienced TCPA Attorneys
With the TCPA's one-to-one consent rule set to take effect on January 27, 2025, companies, if they have not already done so, need to carefully evaluate their TCPA compliance procedures. Defending TCPA claims can be extremely time consuming and expensive – violations of the TCPA carry a minimum statutory fine of $500, which can be increased to $1,500 per violation if deemed to be willful or knowing. In this rapidly-evolving TCPA legal landscape, businesses must hire experienced TCPA attorneys who stay up-to-date with the most recent case law and regulatory changes. Seasoned TCPA attorneys can help to: (1) ensure telemarketing law compliance; and (2) explore all avenues to a successful litigation defense.
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