Gerber Life Is Repeat TCPA Violator, Alleges N.Y. Class Action

Gerber Life hired an entity identifying itself as Legacy Quote to market insurance services through unsolicited telemarketing calls to individuals whose numbers were listed on the Do Not Call registry, alleged a Telephone Consumer Protection Act class action Monday (docket 7:23-cv-00552) in U.S. District Court for Southern New York. Roanoke, Virginia, resident Thomas Matthews received such calls on his personal residential cellphone despite having listed his number on the registry in August 2021, said his complaint. Because the calls were transmitted “using technology capable of generating thousands of similar calls per day,” Matthews sued “on behalf of a proposed nationwide class of other persons,” it said. Gerber Life “has knowingly and actively accepted business that originated through the telemarketing calls to individuals whose telephone numbers are listed” on the registry “and who did not consent in writing or otherwise to receive such calls,” it said. Despite having been sued at least once previously for TCPA violations due to the telemarketing activities of third parties, “Gerber Life continued to do business with third party lead generation providers,” it said. Gerber Life didn’t comment.