Filed by plaintiffs Jim Youngman and Robert Allen, the suit alleged the defendants made unauthorized sales calls to consumers, including people on the federal Do Not Call registry.
Specifically, the complaint stated Youngman began receiving telemarketing calls from a company called Florida Blue, which did business as A&B Insurance, and which in one instance asked him for his Social Security number. These calls began in January 2016. Youngman alleges that not only did he have no history of a business relationship with those companies, but also the number they called had been registered on the federal Do Not Call list since 2003.
Similarly, Allen claimed he had received a pre-recorded phone call, using an automated telephone dialing system, to his cell phone on behalf of A&B Insurance in December 2015.
Both Youngman and Allen had sought up to $1,500 per TCPA violation, according to their complaint.
According to the terms of the settlement, a fund will be established, from which payments will be made to a proposed class consisting of any person in the US who either received a telemarketing call from the insurer within a year of being registered on the Do Not Call list, or received a call that employed an automatic telephone dialing system. The class period is from August 18, 2012, to April 26, 2017 inclusive.
Estimates suggest that class members could receive approximately $85 each. Attorney’s fees and costs will also be paid from the settlement fund. Despite what they think are valid claims, Youngman and Allen said Wednesday that A&B Insurance has at all times denied and continues to deny that it violated the TCPA or committed any wrongful act, which led the consumers to think about settling to avoid a prolonged legal battle.
The case is Jim Youngman et al. v. A&B Insurance and Financial Inc., case number 6:16-cv-01478, in the U.S. District Court for the Middle District of Florida.