Selectquote Faces Class Action Lawsuit Over Alleged Privacy Violations

In a legal dispute that underscores the ongoing tension between consumers' privacy rights and the aggressive marketing strategies of some companies, Tammy Beaudreault, a Florida resident, has filed a class-action lawsuit against Selectquote Insurance Services, Inc. The case, filed in the United States District Court for the Southern District of Florida, hinges on allegations that Selectquote violated the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitations Act (FTSA).

The narrative of the case unfolds with Beaudreault's claim that she received multiple unsolicited telemarketing calls from Selectquote, despite her number being registered on the National Do Not Call Registry. The registry, a tool designed to protect consumers from unwanted telemarketing calls, is overseen by the Federal Trade Commission. Its violation forms the crux of the allegations against Selectquote.

According to the complaint, not only did Selectquote allegedly make these calls to numbers on the registry, but they also used automated systems to do so. This is significant because the TCPA prohibits such calls without the recipient's prior express written consent. Beaudreault asserts, "The calls were made using an automated system, and Plaintiff did not provide prior express written consent."

The TCPA, enacted in 1991, was designed to address the growing number of telemarketing calls by placing restrictions on unsolicited prerecorded calls to home phones and mobile phones. A violation of this act can lead to a fine of up to $1,500 per call. The lawsuit also alleges violations of the FTSA, a Florida law that places additional restrictions on telemarketing calls made within the state. The FTSA specifically prohibits the use of automated systems for the selection and dialing of telephone numbers without prior consent.

The class-action lawsuit filed by Beaudreault represents two potential classes of plaintiffs: those who received more than one telemarketing call from Selectquote within a 12-month period while their numbers were on the National Do Not Call Registry, and those who received a telephonic sales call from Selectquote made from or to Florida using an automated system.

The lawsuit seeks a minimum of $500 in damages for each alleged violation of the FTSA and TCPA. If successful, this could result in a significant financial penalty for Selectquote, given the potential number of class members.

The case against Selectquote highlights the ongoing struggle between the rights of consumers to privacy and the aggressive marketing tactics employed by some companies. As the case progresses, it will be interesting to see how the court balances these competing interests.