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Class Action Alleges Aflac Violated TCPA With Single Telemarketing Robocall

Aflac violated the Telephone Consumer Protection Act by placing a single telemarketing robocall Sept. 7 to Stewart Smith, despite his cellphone number having been listed on the national do not call registry since June 2010, alleged Smith’s class action Thursday…

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(docket 2:24-cv-00679) in U.S. District Court for Eastern Pennsylvania in Philadelphia. In Aflac’s “overzealous attempt” to market its motor vehicle warranties, it willfully or knowingly made, and continues to make, unsolicited telemarketing phone calls to numbers listed on the DNC registry, said the complaint. Through its conduct, Aflac has invaded Smith’s privacy and that of his class members, it said. At no point did Smith provide Aflac with his express written consent to be called for telemarketing purposes, it said. As a result of the unlawful robocall, Smith “experienced frustration, annoyance, irritation and a sense that his privacy had been invaded,” it said.