Hi TCPAWorld!
It’s no secret many folks pay a high premium and have a high deductible for their health insurance and such expenses can be costly. Well, an insurance brokerage company may be feeling the pain soon if they are not careful as one just got hit with a class action lawsuit alleging violations of the TCPA.
The factual allegations here are a classic composition that we see in many of these TCPA class action lawsuits. In Gary Klouda v. InsureMe, Inc. and Does 1-10., 1:26-cv-00456-CEF (E.D. Ohio Feb. 24, 2026), Plaintiff alleges that around March 2024, Defendant began placing unsolicited telemarketing calls to Plaintiff’s cellular telephone number while Defendant was on the National Do-No-Call Registry. Plaintiff alleges that Defendant placed at least twenty (20) calls during 2024 and never provided express consent to receive calls. Additionally, Plaintiff alleges that he suffered annoyance, aggravation, frustration, emotional distress, (get this) wasting his time and all the other classic supposed harm a party alleges in a complaint.
Furthermore, Plaintiff seeks to certify the following class:
All persons within the United States whose telephone numbers were
registered on the National Do-Not-Call Registry for at least 30 days,
who received more than one call or text message within any twelvemonth
period, placed by or on behalf of Defendants and which
promoted Defendants’ products or services, within the four years
prior to the filing of this Complaint through the date of class
certification.
What is interesting here is that Plaintiff does not allege in the complaint that his phone was registered for at least 30 days prior to Defendant’s allegedly calling him initially. It should also be noted that that Plaintiff alleges the twenty calls happened during 2024 but does not specifically say when and only notes that the calls began “during or about March 2024.” For all we know right now, it could be possible that all twenty calls came within 30 days of Plaintiff registering his number on the National Do-Not-Call list (assuming he even did that).
These are just a couple of glaring points that are important for the Defendant and their counsel to note because if they aren’t careful, this will be a costly lawsuit for them. As a reminder, there is a statutory $500 award for each call in violation of the TCPA and $1,500 if it is determined that the calls were knowing and willful. This could amount to $30,000 for the twenty calls Plaintiff alleges and that does not consider if the class gets certified which could end up skyrocketing that figure.
This is exactly why making sure you have good counsel on your side is crucial to not only spotting pitfalls in the allegations set forth but to also prevent you from being slapped with a costly order of awards for the Plaintiff and the class.
Spotting these loopholes, developing a good defense strategy and being apprised of all the new developments regarding the TCPA is paramount for saving you from a big headache caused by expensive award of damages. These topics are just a few that will be discussed at the Law Conference of Champions this May and it is important for you to attend so that you may be better prepared if faced with a lawsuit like this. Spearheaded by Eric Troutman, Puja Amin and Brittany Andres, who are the very best at what they do, this conference is essential to making sure you are equipped to face these kinds of allegations when they come (and they will). Reserve your spot today, your mental well-being and your pocketbook will thank you later.
As always, I will be sure to report back on this case once there are more developments.
Until next time, TCPAWorld!
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While I don’t know the defendant in this matter or the particulars of their operations, having worked in the insurance industry I have some thoughts. Speaking broadly, I would suspect that a lack of strongly and properly built policies and procedures governing these types of activities is widely lacking in the insurance broker industry. Obviously, there is significant variance is size and sophistication of the varying insurance brokers, but this goes beyond TCPA. There are also GLBA and state laws that impact how the data for these campaigns is obtained and maintained.