Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Eldercare Insurance Services Inc.; Integrity Marketing Group LLC
Class action lawsuit filed on February 17, 2020 in United States District Court for the Western District of Arkansas against Eldercare Insurance Services Inc. and Integrity Marketing Group LLC “to stop both of the Defendants from violating the Telephone Consumer Protection Act by making unsolicited calls to consumers, including to consumers registered on the National Do Not Call registry . . . and to obtain monetary relief for all persons injured by Defendants’ conduct.”
According to the class action complaint, “[a]s a result of the tools provided by Eldercare [Insurance Services] at [Integrity Marketing Group’s] direction, senior consumers such as Plaintiff are receiving unsolicited telemarketing calls, despite having their phone numbers registered on the [National Do Not Call registry].”
Examples of online consumer complaints in the class action complaint regarding unsolicited telemarketing calls, allegedly, made by agents of Eldercare Insurance Services are as follows (citations omitted):
• “My number is on the no call list. why am I getting these calls about medicare supplements?”
• “Today the caller identified herself as an agent with Eldercare. They are going to hold a meeting in my county to show everyone how to save money on Medicare supplements. The telephone number 501-781-0190 appeared in caller ID but without a name.”
• “Health Insurance for Medicare recipients. Very pushy, would not provide any info by any means other than having a sales rep come to my house to explain their options. I said a very firm no to sales rep visit to my home, at which point the person became even angrier. I requested my number be removed from their data base.”
• “ID Hot Springs. Call from Rhonda at Elder Care to Medicare recipients. Called twice within 3 hours. Told me she had not called prior, must have been someone else. Wouldn’t answer questions about where she got my number. Told her not to call again and remove my name from her call list. Whatever happened to Do Not Call??”
• “Have received two calls from this number in one week asking questions about Medicare. Hung up both times.”
• “telemarketing for medicare”
• “Medicare telemarketing”
• “I have received calls from this number every day, morning noon and night how can I stop it. SO VERY ANNOYED”
According to the complaint, the Plaintiff’s telephone number was registered on the National Do Not Call registry “to avoid receiving unwanted calls,” and “was not looking to purchase any supplementary Medicare insurance, such as the products/services offered by Eldercare.” The Plaintiff, however, allegedly received unsolicited telephone calls from a telephone number associated with Eldercare Insurance Services, (800) 999-7340, despite not having the “Plaintiff’s prior express written consent to place solicitation telephone calls to her on her landline telephone number.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.