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TCPA Class Action Alleges Liberty Mutual Causes Consumers ‘Actual Harm’

Liberty Mutual, by placing prerecorded calls to cellphone subscribers who haven’t expressly consented to receiving such calls, causes consumers “actual harm and cognizable legal injury,” alleged plaintiff Andrea Audish’s Telephone Consumer Protection Act class action Monday (docket 1:23-cv-11081) in U.S.…

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District Court for Massachusetts in Boston. It’s the second TCPA case against the insurance company in under two months (see 2303150043). “Unfortunately for consumers, Liberty casts its marketing net too wide,” said Audish’s complaint. In its attempt to promote its business and to generate leads for its insurance policies and services, Liberty “conducted (and continues to conduct) a wide scale telemarketing campaign that repeatedly makes unsolicited prerecorded and/or autodialed calls to consumers’ telephones,” it said. Audish alleges she received four calls from Liberty on a single day, Jan. 12, and another four on March 9. “Liberty has caused consumers actual harm,” said her complaint. “This includes the aggravation, nuisance and invasions of privacy that result from the receipt of such calls,” plus the wear and tear on their phones, consumption of battery life and lost cellular minutes, it said.