Class Action Lawsuit Filed

In April, I started to get repeated phone calls from a rotating bank of numbers, all with the same automated message.  They were selling health insurance, and offered two options from their menu.  #2 would connect you with an “agent” and #9 would put you on their do not call list.

Initially, I pressed 9 over a dozen times, but the calls kept coming.  I was getting up to 30 calls a day, with no way to turn them off.

Completely frustrated, I decided to find out what insurance company they were selling for.  On March 21st, at 4:52 p.m., I pressed 2 and ended up speaking with a rep who identified a for-profit association that was selling group plans for one of the biggest insurance companies in the country.  

Armed with this knowledge, I did a little research, and learned that these calls were prohibited by the TCPA (Telephone Consumer Protection Act).  Turns out that this act includes “strict liability” of $500 per call ($1,500 per call if egregious).  With over 300 calls to date, my case was potentially worth $750,000 !!!

At this point, I started interviewing attorneys to decide whether to file pro se, as a private action, or as a class action.  I opted for the latter, which you can see here:  Fenello Class Action Complaint.

I’ll be documenting our progress on this site so others can replicate this approach.  As always, comments welcome …

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