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“OVERZEALOUS”: AFLAC Faces New TCPA Class Action In Pennsylvania And I have that Duck’s Voice Stuck In My Head Now
Monday, February 19, 2024

You all know those commercials with the duck (or is it a goose?) that says “AFLAC”?

I hate those commercials. But if the goal is to get the name “AFLAC” stuck in your head–it works.

Except I thought they only sold supplemental gap insurance. Turns out they also sell motor vehicle warranties–at least according to a new TCPA class action filed last week against the company.

Consumer Stewart Smith claims he received unwanted calls from AFLAC trying to sell him a vehicle warranty. He claims he was on the DNC list at the time and did not consent to the cold calls.

He sues AFLAC for unspecified damages under the TCPA–which allows for up to $1,500.00 per call for unwanted telemarketing calls–on behalf of himself and a class of individuals he estimates to be in the thousands.

The class is defined as:

All persons within the United States who from four years prior to
the date of the filing of this lawsuit to the date of class certification:
(1) received more than one telephone call or text message from
AFLAC or someone acting on its behalf (2) during a 12-month
period; (3) where the calls were made in connection with a campaign
to solicit products or services; and (4) whose number was registered
on the Do Not Call Registry for more than 31 days at the time the
calls were received.

This class likely includes innumerable individuals who do not have valid claims because they consented to receive the calls. Nonetheless this is the class AFLAC is currently facing.

The suit is brought by the ever dangerous Godfather of TCPA Class Actions–Abbas Kazerounian.

You can read the full complaint here: I8e71ae24d7da4628abfafcf9a930da7d

We’ll keep an eye on the suit.

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