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 …