Globe Life & United American Class Action for TCPA Violations

In a recent class action lawsuit, Shirley Ann Slominski, the plaintiff, accuses Globe Life Inc. and United American Insurance Company of violating of the Telephone Consumer Protection Act (TCPA). The lawsuit revolves around the unsolicited calls made to consumers registered on the Do Not Call Registry (DNC) without their consent, including those who have requested to stop receiving such calls.

What Does the TCPA Protect?

The TCPA is a federal law enacted in 1991 designed to safeguard consumer privacy. It restricts telemarketing calls and the use of automatic dialing systems, pre-recorded voice messages, SMS text messages, and fax machines. It also created the National Do Not Call Registry, which allows consumers to opt-out of receiving telemarketing calls.

Violations of the TCPA can result in significant penalties, ranging from $500 to $1,500 per call or message. This lawsuit alleges that the defendants violated the TCPA by making unsolicited calls to numbers registered on the DNC and failing to honor requests to stop calling.

What Led to the Lawsuit?

Shirley Ann Slominski, a resident of Sunset Beach, North Carolina, alleges that she received multiple unsolicited calls per day from the defendants, despite her number being registered on the DNC. She claims that even after making requests to stop the calls, they persisted.

The plaintiff further alleges that these unauthorized calls caused annoyance, nuisance, and invasion of privacy, disrupting her use and enjoyment of her phone. The calls were so frequent that they filled up her phone's memory, requiring her to delete them regularly.

Who Are the Class Members?

The plaintiff seeks to represent two classes: the Do Not Call Registry Class and the Internal Do Not Call Class. The classes consist of individuals who received multiple calls within a 12-month period from the defendants, including those with numbers registered on the DNC and those who requested the defendants to stop calling.

The lawsuit alleges that the defendants' actions affected a broad range of consumers across the U.S., as both Globe Life and United American conduct business nationwide. Therefore, the potential class size could be substantial.

What Damages Are Being Sought?

The plaintiff seeks actual and/or statutory damages, an order declaring the defendants' actions as violations of the TCPA, an injunction to cease unsolicited calling, and any other relief deemed just and proper by the court. While the exact dollar amount is not stated in the complaint, given the potential size of the class and the penalties under the TCPA, the damages could easily exceed five million dollars.

Moreover, the plaintiff has requested a jury trial, which could potentially increase the damage award if the jury is sympathetic to the plaintiff's claims.

What Could Be the Next Steps?

The next steps in this case involve the court deciding whether to certify the class. If the class is certified, the case will proceed to discovery, where both sides will gather evidence to support their claims and defenses.

The defendants may also choose to settle the case to avoid the costs and risks of litigation. However, whether this case will settle or go to trial remains to be seen.