Introduction
The Telephone Consumer Protection Act (TCPA) of 1991 is a federal law that protects consumers from unwanted telemarketing calls, text messages, and faxes. In recent years, there have been a number of high-profile TCPA lawsuits, including one against Assurance IQ, a leading online insurance marketplace.
In 2020, Assurance IQ agreed to pay $6.5 million to settle a TCPA class action lawsuit. The lawsuit alleged that Assurance IQ had violated the TCPA by sending unsolicited text messages to consumers who had not opted in to receive them.
The Assurance IQ TCPA Settlement
The Assurance IQ TCPA settlement is one of the largest TCPA settlements on record. The settlement provides relief to consumers who received unsolicited text messages from Assurance IQ between September 1, 2014 and October 31, 2019.
Consumers who are eligible for relief under the settlement can receive a payment of $500 per text message they received. The settlement also includes injunctive relief, which prohibits Assurance IQ from sending unsolicited text messages in the future.
Common Mistakes to Avoid
In order to avoid TCPA violations, businesses should be aware of the following common mistakes:
How to Comply with the TCPA
Businesses can take the following steps to comply with the TCPA:
Pros and Cons of the Assurance IQ TCPA Settlement
Pros:
Cons:
FAQs
1. Who is eligible for relief under the Assurance IQ TCPA settlement?
Consumers who received unsolicited text messages from Assurance IQ between September 1, 2014 and October 31, 2019 are eligible for relief under the settlement.
2. How much money will I receive under the settlement?
Consumers who are eligible for relief under the settlement can receive a payment of $500 per text message they received.
3. How do I file a claim under the settlement?
Consumers can file a claim under the settlement by visiting the settlement website at www.assuranceiqtcpasettlement.com.
4. What is the deadline for filing a claim?
The deadline for filing a claim under the settlement is December 31, 2023.
5. What if I have additional questions about the settlement?
Consumers with additional questions about the settlement can contact the settlement administrator at 1-800-727-2243.
Tables
Table 1: Key Provisions of the Assurance IQ TCPA Settlement
Provision | Details |
---|---|
Total settlement amount | $6.5 million |
Eligible consumers | Consumers who received unsolicited text messages from Assurance IQ between September 1, 2014 and October 31, 2019 |
Payment per text message | $500 |
Deadline for filing a claim | December 31, 2023 |
Table 2: Common TCPA Violations
Violation | Description |
---|---|
Sending unsolicited text messages to consumers who have not opted in to receive them | Sending a text message to a consumer who has not given you permission to do so |
Using an automated dialing system to call consumers without their consent | Calling a consumer using an automated dialing system without their consent |
Leaving pre-recorded voicemails without identifying your company | Leaving a pre-recorded voicemail on a consumer's phone without identifying your company |
Calling consumers during prohibited hours (before 8am or after 9pm) | Calling a consumer before 8am or after 9pm |
Not providing consumers with a way to opt out of receiving future communications | Not giving consumers a way to opt out of receiving future communications from you |
Table 3: Steps to Comply with the TCPA
Step | Description |
---|---|
Get consent from consumers before sending them text messages or calling them using an automated dialing system | Obtain written consent from consumers before sending them text messages or calling them using an automated dialing system |
Use a reputable TCPA compliance vendor to help you manage your compliance program | Partner with a TCPA compliance vendor to help you manage your compliance program |
Train your employees on TCPA compliance | Train your employees on TCPA compliance |
Monitor your TCPA compliance program regularly | Regularly review your TCPA compliance program to identify and address any areas of non-compliance |
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