Florida’s Finest Insurance Sued Over Alleged Spam Text Messages to Truck Drivers

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Florida’s Finest Insurance, Inc. is the defendant in a proposed class action wherein the plaintiff claims the company violated federal law by sending consumers marketing text messages without consent to do so. The case claims the defendant, which markets insurance to trucking companies and drivers through subsidiary Forerunner Insurance Group, sent the automatically generated texts over the course of 2017 as part of a bulk advertisement campaign aimed at truckers like the plaintiff to drum up business. The text messages, the case continues, were placed using an automatic telephone dialing system, the use of which for non-emergency purposes is prohibited under the Telephone Consumer Protection Act (TCPA).

An additional wrinkle in the complaint is the plaintiff’s charge that the defendant’s alleged texts were an unwarranted distraction from his work activities, which reportedly include driving, loading and unloading large trucks. Notably, how the defendant allegedly came to possess the plaintiff’s cell phone number is also mentioned in the lawsuit:

“Upon information and belief, [the defendant] obtained [the plaintiff’s] cell phone number through the website of the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA),” the complaint reads. “FMCSA maintains information regarding truck drivers (often including their cell phone numbers) and makes it available to the public for purposes of public safety via its website, http://safer.fmcsa.dot.gov, and not for purposes of allowing marketers to send unsolicited text messages to truck drivers.”