Table of Contents
- Case Overview
- Penalties
- Do-Not-Call Registry Violations under the TCPA
- TCPA and DNC Regulations Briefly Explained
- Takeaway
Case Overview
On May 6, 2024, a notable TCPA litigation emerged when Tarkenton Senior Solutions LLC, a Georgia-based insurance firm, was targeted with a proposed class action lawsuit. The plaintiff, Kelly Pinn, domiciled in Texas, lodged a 23-page complaint in a Georgia federal court. The claim centers around allegations of "aggressive" telemarketing calls to senior citizens listed on the national do-not-call (DNC) registry, specifically promoting final expense and life insurance products.
Despite Ms. Pinn's explicit requests to cease communication—initially made after unwanted solicitations that began in late February—Tarkenton allegedly persisted to call her DNC registered phone number. The calls, initiated either directly by Tarkenton or through their telemarketing vendors, continued even after Ms. Pinn articulated her disinterest and requested cessation, engaging multiple times with various representatives, including a supervisor and the senior sales director, Sherri Hellman.
According to the suit, Pinn received another call three days after the intial call and had to reiterate her request. Later that same day, she says she received another call. The suit says Pinn engaged with the caller during the latter call and eventually spoke with a supervisor, who she asked to remove her number from the company's list.
Despite making multiple requests, Pinn received yet a fourth call a few days later, the suit alleges. This time, Pinn says she spoke with the caller long enough to be transferred to Tarkenton's senior sales director, Sherri Hellman, who attempted to sell her final expense insurance despite Pinn saying she never wanted the insurance or consented to "unwanted calls."
Penalties
Each infraction cited in the lawsuit attracts statutory damages between $500 and $1,500 per call, underlining the severe penalties associated with violations of the TCPA. Given that Ms. Pinn personally experienced approximately four calls, and considering the class action could encompass thousands of similar grievances, the potential settlement might escalate to several millions of dollars.
Do-Not-Call Registry Violations under the TCPA
Central to Ms. Pinn's allegations is the breach of TCPA guidelines, which prohibit unsolicited telephone marketing to individuals whose numbers are registered on the national DNC list. Furthermore, the TCPA stipulates that companies must maintain a written policy to manage an internal DNC list and adequately train their personnel to respect these lists—a protocol Tarkenton allegedly failed to implement or follow.
Ms. Pinn now seeks to represent a nationwide class consisting of U.S. citizens whose phone numbers are registered on the national DNC list and who, within the preceding four years, received at least two telemarketing calls within any 12-month period from Tarkenton Senior Solutions LLC or its designated telemarketing vendors.
Furthermore, the action also proposes to represent a subclass of U.S. citizens who, in the past four years, have received two or more telephonic communications from Tarkenton or its agents, promoting the purchase of Tarkenton services, subsequent to their explicit request for such calls to be discontinued.
TCPA and DNC Regulations Briefly Explained
The TCPA prohibits marketing calls and texts directed to numbers on the DNC Registry unless the caller:
- has the prior express written consent (PEWC) of the called party; or
- an Existing Business Relationship (EBR) with the called party.
However, the fact that a number is not on the DNC registry does not mean that it is fair game, as the TCPA also prohibits using an automated telephone dialing system (ATDS) to call any cellular number, and prohibits contacting landline numbers using a prerecorded voice, unless the caller has PEWC. These prohibitions apply regardless of whether the number is on the DNC.
If are contacting the consumer referenced in your request on his cellphone and you are using an ATDS, each call represents a TCPA violation. This is also true if the number is a landline and your calls feature a prerecorded voice.
For example, authorized statutory damages under the TCPA for 69 calls can be as high as $103,500.
However, even if all calls are hand-dialed by a live agent, repeated calls to the same number are increasingly likely to trigger a regulatory complaint, and can potentially trigger a TCPA class action, as the consumer will simply assume you are using an ATDS and/or prerecorded voice, and the legal fees associated with defending such an action can easily reach tens of thousands of dollars.
Takeaway
The case involving Tarkenton Senior Solutions LLC underscores the stringent requirements of the TCPA against unsolicited telemarketing. Plaintiff Kelly Pinn, asserting her rights as a citizen on the DNC registry, highlights a critical legal battle over consumer privacy and the adherence to TCPA regulations. Despite repeated requests to stop, Tarkenton's alleged persistence in contacting Ms. Pinn could lead to significant statutory penalties, emphasizing the potential multimillion-dollar consequences for businesses that fail to respect DNC listings. This lawsuit serves as a pivotal reminder of the importance of compliance with telemarketing laws to avoid severe financial and reputational damages.
