As reported by Law360, a federal judge has preliminarily approved a $5 million settlement in the class action alleging that Nationwide Mutual Insurance violated the Telephone Consumer Protection Act (TCPA) by sending harassing repeat auto-dialer calls, texts, and voice messages to consumers without their consent.
The lawsuit further claims that Nationwide did not have a system in place to ensure the calls complied with the TCPA, which was enacted in 1991 to limit the number of unwanted telemarketing calls by regulating robocalls and prohibiting them being made to wireless phone numbers. The TCPA only allows robocalls to residential telephone lines with the permission of the resident. The TCPA also led to the creation of the Do Not Call Registry, which allows consumers to add their phone numbers to a list that indicates they do not want to receive telemarketing calls.
The proposed settlement will be divided over three subclasses, including one with over 230 people who were listed on the national Do Not Call Registry and yet still received telemarketing calls from Nationwide. The proposed deal also includes individuals who received robocalls from contracted companies and were then transferred to Nationwide’s sales department.
In the order the judge described the settlement as “fair, reasonable and accurate.”