Gerber Life class action lawsuit overview:

• Who: Plaintiff Thomas Matthews has filed a class action lawsuit against Gerber Life Insurance Company.
• Why: Gerber Life allegedly made unsolicited and illegal telemarketing calls promoting its life insurance policies.
• Where: The Gerber Life class action lawsuit was filed in New York federal court.

Gerber Life Insurance Company has made unsolicited and illegal telemarketing calls promoting its life insurance policies, according to a class action lawsuit filed Jan. 23 in New York federal court.

Plaintiff Thomas Matthews says he has received Gerber Life telemarketing calls even though his cell phone number is registered on the National Do Not Call Registry. He alleges these calls violate the Telephone Consumer Protection Act, a federal law enacted to protect consumers from intrusive telemarketing practices.

When the TCPA was enacted in 1991, the Federal Communications Commission established the National Do Not Call Registry which allows consumers to indicate their desire to not receive telephone solicitations, the Gerber Life class action lawsuit explains.

Under the TCPA, phone numbers listed on the National Do Not Call Registry remain on the registry until the consumer cancels their registration or the number is removed by the database administrator.

Gerber Life class action says calls were likely made with autodialer in violation of TCPA

Matthews says he received multiple calls on his cell phone that were allegedly made on behalf of Gerber Life. On at least two occasions, Matthews says the callers identified themselves as calling from Legacy Quotes to sell Gerber Life Insurance.

“The proximity of the calls and the similarity of the calls, as well as the pause and click which reveals use of a predictive dialer, is indicative of en masse calling,” the Gerber Life class action lawsuit alleges.

Matthews says that these unwanted Gerber Life telemarketing calls tied up his phone line and invaded his privacy. He filed the Gerber Life class action lawsuit on behalf of himself and a proposed class of U.S. consumers whose telephone numbers were listed on the National Do Not Call Registry for at least 31 days but who received more than one Gerber LIfe telemarketing call within a 12-month period in the last four years.

The Gerber Life class action lawsuit notes that the TCPA imposes penalties of at least $500 in damages for every call made with an artificial or prerecorded voice in violation of the law. 

Gerber Life has also faced allegations that it misrepresents its life insurance policies as savings plans.

Have you received Gerber Life telemarketing calls? Tell us about your experience in the comments!

Matthews is represented by Edward A. Broderick of Broderick Law PC, Anthony I. Paronich of Paronich Law PC, and Andrew W. Heidarpour of Heidarpour Law Firm PPC.

The Gerber Life telemarketing class action lawsuit is Thomas Matthews v. Gerber Life Insurance Company, et al., Case No. 7:23-cv-00552, in the U.S. District Court for the Southern District of New York.

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