Joseph Bond and Tonia Jewell-Vines in their Telephone Consumer Protection Act class action against Allstate (see 2307100007) allege that the classes proposed for certification “number at least in the hundreds,” said the parties’ joint status report Monday (docket 1:23-cv-04385) in U.S. District Court for Northern Illinois in Chicago. The plaintiffs have served discovery requests “aimed at obtaining a more precise number,” said the report. Allstate denies that class certification is “appropriate” in this case, it said. Allstate has responded with various objections, “including objections to the scope of the requests in relation to the classes proposed for certification,” said the report.

All Web Leads, the parent company of InsuranceQuotes.com, uses robocalls to market its business “without first obtaining the required express written consent thereby contributing to the barrage of robocalls consumers face,” alleged a Telephone Consumer Protection Act class action Monday (docket 1:24-cv-00521) in U.S. District Court for New Jersey in Camden. Sharon Williams seeks injunctive relief to halt the defendant’s unlawful conduct, “which has resulted in intrusion into the peace and quiet in a realm that is private and personal” to Williams and her class members, said the complaint. The New Jersey resident also seeks statutory damages “and any other available legal or equitable remedies,” it said. At no point in time did Williams provide the defendant with her express written consent to be contacted using prerecorded messages, said the complaint.

Kristy Beckwith received multiple telemarketing robocalls on her cellphone from a company called EverythingBreaks.com to promote its automobile warranty products and services, though her number was listed on the national do not call registry for more than a year before the calls began, alleged her Telephone Consumer Protection Act class action Friday (docket 3:24-cv-00202) in U.S. District Court for Northern Texas in Dallas. Beckwith wasn’t interested in the company’s offers and informed the callers of that on the first two calls she received, “yet the calls continued,” said the complaint. Beckwith never consented to receive the calls, and never did business with EverythingBreaks.com, it said. Beckwith and members of the class have been harmed by the acts of the defendant, including the invasion of their privacy, annoyance, waste of time “and the intrusion on their telephone that occupied it from receiving legitimate communications,” said the class action.

Seventh Ave., an online home furnishings retailer, inundated plaintiff Titus McDowell’s cellphone with a “high volume” of automated prerecorded calls to collect a $600 debt, alleged McDowell’s Telephone Consumer Protection Act complaint Thursday (docket 3:24-cv-00060) in U.S. District Court for Western Wisconsin in Madison. McDowell lost his job and was unable to make his monthly payments, said the complaint. The defendant’s “harassing” collection calls “were relentless and objectively unreasonable,” it said. Its “phone harassment campaign” and illegal collection activities have caused McDowell “actual harm,” it said.

The Telephone Consumer Protection Act damages that Jerry Baldridge seeks against Great Western Insurance violate the Constitution's due process clause and constitute excessive fines in violation of the Eighth Amendment, said the defendant’s answer Thursday (docket 4:23-cv-04309) in U.S. District Court for Southern Texas in Houston to Baldridge’s Nov. 15 complaint (see 2311170001). Baldridge’s complaint said his number has been listed on the national do not call registry since January 2006, but he nevertheless received at least two calls from Great Western promoting its “final expense insurance” services to cover funeral and cremation costs. Great Western contends that Baldridge’s claims are barred because those calls “constitute commercial speech” protected by the First Amendment and the imposition of liability on Great Western for such calls “would violate its First Amendment rights,” said the answer.

U.S. Magistrate Judge Reid Neureiter for Colorado in Denver scheduled an April 2 telephonic hearing at 2 p.m. MDT on the motion by the campaign committee of House Speaker Mike Johnson, R-La., to dismiss a Telephone Consumer Protection Act complaint for lack of personal jurisdiction (see 2401180056), said the judge’s minute order Wednesday (docket 1:23-cv-03322). William Hunsaker alleges that the committee, Mike Johnson for Louisiana, inundated his cellphone with at least five text-message solicitations for campaign donations without Hunsaker’s prior consent (see 2312190001). But the committee contends the Denver court “lacks either general or specific personal jurisdiction” over the committee. It also contends that the court has no general jurisdiction over the committee because its affiliations with Colorado aren’t “extensive or unique enough to render the committee at home in Colorado."

Aaron Bolton seeks injunctive relief to halt the illegal Telephone Consumer Protection Act conduct of Unlimited Ammo, “which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals,” said Bolton’s class action Wednesday (docket 8:24-cv-00226) in U.S. District Court for Middle Florida in Tampa. The Manatee County, Florida, resident also seeks statutory damages “on behalf of himself and members of the class, and any other available legal or equitable remedies,” it said. Beginning in November, the Arizona firearms company “sent or caused to be sent multiple telemarketing text messages” to Bolton’s cellphone number, though that number has been listed on the national do not call registry since July 2013, said the complaint. At no point in time did Bolton provide the defendant with his express written consent to be contacted, it said.

Eric Moorman has until Feb. 5 to show cause in a written response why his Telephone Consumer Protection Act complaint against Apollo Interactive shouldn’t be dismissed under Local Rule 3.10 for lack of prosecution due to his failure to file a case management report within the time prescribed by that local rule. Failure to respond to the show cause order will result in Moorman’s action being dismissed without further notice, said an order signed Monday (docket 8:23-cv-01533) by U.S. District Judge Charlene Honeywell for Middle Florida in Tampa. Americans “receive billions of spam text messages every year,” and Apollo Interactive, a performance marketing and lead generation agency in Los Angeles, “is responsible for a significant portion of this spam,” alleged Moorman’s July 10 class action (see 2307110063).

Vivek Ramaswamy, who suspended his campaign for the Republican presidential nomination Jan. 15, placed prerecorded calls to consumers’ cellphones to promote his telephonic town hall events without first obtaining their prior express consent, alleged plaintiff Thomas Grant’s Telephone Consumer Protection Act class action Tuesday (docket 2:24-cv-00281) in U.S. District Court for Southern Ohio in Columbus. The TCPA “specifically prohibits” political campaign-related autodialed or prerecorded voice calls, including autodialed live calls, autodialed texts and prerecorded voice messages, without the recipients' prior express consent, said Grant’s complaint. Ramaswamy “either expressly authorized" the making of these prerecorded calls or knew that they were going to be made for his personal benefit, to promote his presidential candidacy, “and did nothing to stop them,” it said. Ramaswamy “controlled the timing” of the calls, right before his telephonic town hall events, it said. He also controlled the recipients of the calls, “by dictating that the messages be sent to voters registered as independents,” like Grant, who had no prior relationship with him, it said. Ramaswamy also controlled or had the right to control “the content of the messages,” said the complaint. He personally recorded many of the messages transmitted to consumers, it said. Many consumers “have voiced their complaints online about receiving these unsolicited prerecorded messages from Ramaswamy,” it said. Grant of Hudson, New Hampshire, seeks injunctive relief and statutory damages for the TCPA violations, it said. A separate TCPA class action in Phoenix alleges that Ramaswamy's presidential campaign committee, Vivek 2024, “embarked on an unsolicited campaign of harassment by text call" (see 2309190003), but Grant's complaint in Columbus is the first to name the candidate as the actual TCPA defendant.

Defendant Apptness Media Group seeks to compel plaintiff Cindy Luchinske’s Telephone Consumer Protection Act claims to arbitration, said its motion Monday (docket 2:23-cv-00267) in U.S. District Court for Eastern Washington in Spokane. Americans receive billions of spam text messages every year, and Luchinske’s Sept. 13 class action alleges that Apptness, a compendium of digital marketers, “is a major participant in this spam” (see 2309140004). But Luchinske’s claims “are subject to arbitration based on agreements with Apptness and its vendor that actually sent the text messages,” said the motion. On at least nine occasions between June 2022 and July 2023, Apptness received web submissions from Luchinske “that included both her personal information and agreement to arbitrate,” it said. Luchinske also submitted 19 requests between 2020 and 2023 to websites owned and operated by Apptness’ vendor, What If, inquiring about employment, said the motion. Each time she provided her personal information and affirmatively clicked a button indicating her consent to receive texts from What If, plus her agreement with What If’s terms and conditions, including its arbitration provision, it said.