On February 4, 2014, the U.S. District Court of the Southern District of Florida, granted a motion for class certification made by C-Mart, a Missouri corporation against MetLife, a company that sells life insurance policies, and its agents the Storick Group Co. (“Storick”), for alleged violations of the Federal Telephone Consumer Protection Act (“TCPA”) of 1991.
In its original complaint filed on January 10, 2014, C-Mart, claimed that MetLife violated the TCPA when MetLife hired the Storick to sell life insurance. More specifically, C-Mart alleged that while Storick was attempting to reach out to potential customers for MetLife, they sent out an unsolicited telemarketing advertisement via fax to C-Mart which tied up their fax machine from other important business related faxes. After some research, C-Mart found out they were not the only ones to receive the unsolicited fax as approximately 35,690 other Missouri residences received the same fax in that month alone. According to the Complaint, the message sent by Storick on behalf of MetLife stated the following:
“LOW COST LIFE INSURANCE RATES!,” “FOR A FREE QUOTE PLEASE FAX THIS FORM TO: (713) 554-9683,” and “To unsubscribe, please FAX your request to Our PAPERLESS Fax Computer: 206-350-3403.”
Under the TCPA it is unlawful to send unwanted telemarketing advertisements to any fax machine without the prior express written permission of the recipient. According to C-Mart, they never provided MetLife or Storick with any permission to send this telemarketing fax or any other telemarketing information.
As a result of these alleged TCPA violations, C-Mart attempted to certify a Rule 23 damages class for all those who received that same fax within that one month period. Defendants made the argument that class certification should be denied because C-Mart lacked standing to sue under the TCPA, the class was not sufficiently ascertainable or numerous to warrant certification, that commonality was lacking among class members and that C-Mart and its counsel would inadequately represent the class. However, Judge Middlebrooks disagreed with those arguments and granted C-Mart’s motion for Class Certification. In granting C-Mart’s class certification motion, Judge Middlebrooks stated: “C-Mart has met its burden in showing that Defendants’ conduct violated TCPA” and “I find that the class action vehicle is superior in the instant matter[.]”
If you have received any unsolicited telemarketing fax, voice message or text message without providing your prior express written consent and you want to stop them as soon as possible, then please call the lawyers of Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation.