in Newswire Published on April 29, 2022

Class Action Claims Liberty Mutual Placed Unlawful Robocalls Without Consent

Fralish v. Liberty Mutual Insurance Company

Filed: April 28, 2022 ◆§ 3:22-cv-00336

A class action alleges Liberty Mutual Insurance Company has placed unlawful robocalls to consumers’ cell phones without first securing consent to do so.

Defendant(s)

Liberty Mutual Insurance Company

Law(s)

Telephone Consumer Protection Act

State(s)

Indiana

A proposed class action alleges Liberty Mutual Insurance Company has placed unlawful robocalls to consumers’ cell phones without first securing consent to do so.

According to the 11-page suit, Liberty Mutual has violated the Telephone Consumer Protection Act (TCPA) in its attempts to market its insurance products to consumers. The case states that the TCPA prohibits companies from placing automated telemarketing calls to a consumer’s cell phone unless they have received express written consent from the individual.

The plaintiff is a St. Joseph County, Indiana resident who claims to have received “a cluster of calls” from Liberty Mutual in July 2021 despite having never given the insurer permission to contact him with prerecorded messages.

According to the case, the defendant left the following messages, among others, on the plaintiff’s cell phone in an attempt to sell him insurance:

“For over 100 years, we’ve provided secure, reliable, and affordable auto insurance. To review a quote that could save you 100’s, you can call us back at this number. If you’ve changed your mind and are no longer interested, you can call us back toll-free at (888) 475-4204 to cancel the quote and be removed from our list.”

“… [Liberty Mut]ual. Understanding your coverage options shouldn’t be so hard. Let us guide you through the process of finding auto insurance coverage that fits your lifestyle and finances. To review a low-rate quote, you may call us back at this number. If you’ve changed your mind and are no longer interested, you can call us back toll-free at (888) 475-4204 to cancel the quote and be removed from our list.”

“[At Liberty Mut]ual, we understand that finding auto insurance takes time and is often hard to understand. We’ll help you take care of this! To review a quote, you may call us back at this number. If you’ve changed your mind and are no longer interested, you can call us back toll-free at (888) 475-4204 to cancel the quote and be removed from our list.”

“[At Liberty] Mutual, we haven’t had much luck reaching you over the past few days. It only takes a few minutes to find auto insurance that fits your situation and offers great savings. To review an affordable quote, you may call us back at this number. If you’ve changed your mind and are no longer interested, you can call us back toll-free at (888) 475-4204 to cancel the quote and be removed from our list.”

The plaintiff says that his phone number was listed in the National Do Not Call Registry at the time he received the alleged communications from Liberty Mutual. Per the case, the company confirmed that it had not secured the plaintiff’s prior consent to be contacted when it explained during pre-suit discussions that the calls were intended for an individual other than the plaintiff.

The complaint relays that Liberty Mutual has previously been sued for “similar telemarketing violations” and was thus on notice that its robocalling practices were unlawful.

“Nonetheless, Liberty Mutual has continued to reap the benefits of nonconsensual prerecorded calls, choosing profits over consumer privacy and safety,” the lawsuit scathes.

The case looks to represent the following class:

“All cellular subscribers and/or residential subscribers in the United States whose telephone number Liberty Mutual, 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 Liberty Mutual 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.”

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