Aguilar v. State Farm Mutual Automobile Insurance Company (U.S. District Court, Central District of Illinois, Case No. 1:16-cv-01211)
In a class action complaint, Lemberg Law is representing Andy Aguilar, who is suing State Farm Mutual Automobile Insurance Company for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that State Farm sent unauthorized telemarketing text messages to Mr. Aguilar’s cell phone.
State Farm is the parent company of many interrelated insurance and financial services companies. The complaint outlines that State Farm set up an SMS texting service that sent customers automated messages regarding their insurance accounts. In its texts, State Farm told consumers that they could text “STOP” to cancel the text messages. The lawsuit alleges that State Farm ignored consumers’ opt out requests and continued to send texts to their cell phones. Moreover, the suit claims that State Farm robocalled consumers’ cell phones and didn’t honor consumers’ requests to stop the robocalls.
Mr. Aguilar says he received automated text messages, which continued to arrive even after he had texted “STOP” to try and get the messages to stop. He also says he received cell phone robocalls from State Farm, and continued to receive them even after he called and asked State Farm to stop robocalling him.
The two proposed classes of people represented are: 1) those in the U.S. who, between June 10, 2012 and June 10, 2016, received a State Farm text message, asked State Farm to stop, and then received at least one more text message other than a confirmation message; and 2) those in the U.S. who, between June 10, 2012 and June 10, 2016, received a State Farm cell phone robocall, asked State Farm to stop, and then received at least one cell phone robocall.
Update: The defendant has filed a motion to dismiss the case. That motion is pending before the court.
Update: In its opinion, the court denied State Farm’s motion to dismiss the case.