Liberty Mutual Hit with Class Action Over Alleged Robocalls [UPDATE]
by Erin Shaak
Last Updated on May 6, 2022
Smith v. Liberty Mutual Insurance Company
Filed: March 3, 2020 ◆§ 3:20-cv-00035
A lawsuit claims Liberty Mutual Insurance Company has placed unlawful automated phone calls to consumers whose numbers were listed on the National and Georgia Do Not Call registries.
Georgia
Case Updates
May 6, 2022 – Plaintiff Settles with Liberty Mutual
The parties in the case detailed on this page announced in July 2020 that they had reached an individual settlement.
The judge’s order closing the suit contained no further details about the deal.
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A proposed class action lawsuit claims Liberty Mutual Insurance Company has placed unlawful automated phone calls to consumers whose numbers were listed on the National and Georgia Do Not Call registries. The plaintiff in the case says she continued receiving the automated calls even after informing Liberty Mutual on several occasions that she no longer wished to be contacted.
According to the lawsuit, Liberty Mutual has used automated dialing technology to place telemarketing calls in an effort to advertise its insurance products to potential customers. The plaintiff, for example, says that upon answering a call from the defendant, she heard a prerecorded voice state:
“Hello, this is Liberty Mutual. The sooner you review your quote, the more we can help you save. To find out your options, press 1. Press 9 to opt out. [pause] Hello, this is Liberty . . .”
The recording cut off after the plaintiff pressed 1 to speak with a representative, the case says. The woman allegedly complained to the representative that she had already attempted to opt-out of the company’s telemarketing calls on several occasions by pressing 9 yet continued to receive the automated calls. The plaintiff says her phone number has been listed on the National Do Not Call Registry—and, by extension, the Georgia Do Not Call Registry—since October 2016.
According to the lawsuit, Liberty Mutual disregards consumer protections set under federal law by knowingly placing automated calls to consumers whose numbers have been listed on Do Not Call registries. Further, the case alleges that the company not only calls consumers who never consented to receive such calls, but continues calling even after they have revoked their consent by asking to be placed on the company’s opt-out list. The plaintiff alleges that Liberty Mutual has failed to implement the “minimum procedures for maintaining a company specific do not call list.”
The lawsuit, originally filed in the Superior Court of Georgia’s Coweta County, has been removed to the state’s northern district court.
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