TCPA Calls Allegedly Made by State Farm Were Previously Blamed on Allstate

Plaintiff Thomas Gebka “fails to allege any facts to support any vicarious liability theory that could hold State Farm liable” for calls made to his phone in violation of the Telephone Consumer Protection Act, said State Farm’s memorandum of law Friday (docket 1:22-cv-05546) in support of its motion to dismiss Gebka’s Oct. 10 class action (see 2210110009). Gebka “now brings two causes of action against State Farm under the TCPA, despite having pursued some of the same calls in a TCPA lawsuit against Allstate,” it said. Gebka "sustained no injury from calls he invited and therefore lacks standing with regard to those calls,” said State Farm. He invited the calls he received from the independent contractor agents working for State Farm “when he provided the lead generator with his name, email address, zip code, and make and model of his automobile and therefore must have expected to receive insurance quotes,” it said.