Family First Life Hit with Class Action Over Alleged Robo-Text Ads

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Family First Life, LLC faces a proposed class action that alleges the insurance agency has sent unlawful auto-generated text message ads while refusing to honor opt-out requests from consumers. 

The 14-page complaint claims Family First Life, who specializes in mortgage protection and life insurance in addition to retirement planning, sent the plaintiff, a Seminole County, Florida resident, an unsolicited text message in late September 2021 advertising its ability to “help you remove your earning blind spots.” The lawsuit alleges that although the plaintiff replied to the following promotional text with the word “stop” and the defendant purportedly acknowledged the man’s opt-out request, Family First Life nevertheless texted the consumer again on October 18:

Per the case, the unsolicited October 18 message came from a different number belonging to Family First Life and stated in part that the company was “reaching out regarding your insurance license”:

The lawsuit says Family First Life’s apparent refusal to honor opt-out requests reflects its failure to maintain an internal do-not-call list and inform and train its telemarketing personnel on the existence and use of the list. According to the complaint, Family First Life has violated the federal Telephone Consumer Protection Act and Florida Telephone Solicitation Act, laws designed to reign in companies’ use of unsolicited, automated text message and phone-based marketed. 

The suit contends that Family First Life’s immediate acknowledgment of the plaintiff’s initial opt-out request shows that it has “the capability of immediately and easily” complying with such requests, yet has “ignored opt-out requests and instead committed themselves to an unrelenting text message marketing campaign that was poorly supervised.” 

“At no point in time did Plaintiff provide Defendant with his express consent to be contacted,” the suit claims. “To any extent that Defendant had any consent to send these messages to Plaintiff, that consent was expressly revoked when Plaintiff responded ‘Stop’ on September 29, 2021.” 

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