Do Not Call Registry

Amerilife Faces Class Action Lawsuit Over TCPA Violations

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Amerilife Faces Class Action Lawsuit Over TCPA Violations

In a case that has caught the attention of consumer rights advocates, Amerilife, LLC, Amerilife Direct, LLC, and Ebache, LLC are facing allegations of violating the Telephone Consumer Protection Act (TCPA). The plaintiff, Daniel Costa, on behalf of himself and others similarly situated, has filed a class action lawsuit against the defendants.

Understanding the TCPA

The TCPA was enacted in 1991 with the aim of regulating telemarketing practices and protecting individuals' privacy rights. One of its key provisions is the establishment of the National Do Not Call Registry. This allows consumers to register their telephone numbers to avoid receiving unwanted telemarketing calls.

However, despite these regulations, there are instances where companies allegedly violate these rules, leading to lawsuits such as the one filed against Amerilife, Amerilife Direct, and Ebache.

What Happened to the Plaintiff?

According to the lawsuit, the plaintiff's telephone number is a residential cellular line and has been on the National Do Not Call Registry since February 13, 2016. Despite this, Costa alleges that he received five telemarketing calls from the defendants on various dates in November and December 2021 and January 2022.

The calls, Costa claims, came from spoofed Caller IDs within his area code, a common indication of mass calling practices. Unaware of the callers' identities, Costa rejected the calls. It was later discovered that they were from representatives of Amerilife, Amerilife Direct, and Ebache.

How Did the Defendants Respond?

Upon contacting the defendants, Costa was met with denial. The companies allegedly denied any record of the calls and the use of pre-recorded messages. However, the lawsuit suggests that the defendants' use of an automated dialing platform further indicates mass calling practices.

Costa and the proposed class members claim to have been harmed by the defendants' actions, including invasion of privacy, annoyance, and disruption of legitimate communication.

Who Are the Class Members?

The plaintiff seeks to represent a nationwide class of individuals who, like him, received multiple telemarketing calls while being on the National Do Not Call Registry. The class is defined as all persons in the United States whose telephone numbers were on the National Do Not Call Registry for at least 31 days, received more than one telemarketing call from the defendants within a 12-month period, and falls within a specific time frame.

Common questions of law and fact predominate over individual questions, making a class action the superior method for fair and efficient adjudication, according to the lawsuit.

What's at Stake?

The plaintiff and the class members are seeking injunctive relief and monetary damages for the defendants' alleged TCPA violations. They are entitled to damages ranging from $500 to $1,500 for each call made in violation of the TCPA, the lawsuit states.

In addition, the plaintiff and the class members also seek an injunction to prevent the defendants from making telemarketing calls to numbers on the National Do Not Call Registry in the future.

In conclusion, this case serves as a reminder of the importance of consumer protection laws and the potential consequences of alleged violations. As the case proceeds, it will be interesting to see how the court interprets the TCPA in this context and what impact its decision might have on future telemarketing practices.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    8:23-cv-01451
  • Filing Date:
    June 29, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Florida
  • Court:
    Florida Middle District
  • Plaintiff:
    Daniel Costa
  • Defendant:
    Amerilife Direct, LLC; Amerilife, LLC; Ebache, LLC
  • Plaintiff Firm:
    Duffie Law, PLLC
  • Defendant Firm:
  • Claims Administrator:
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Will Gendron
Will Gendron
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