Fighting Back Against Robocalls
The FCC alleges that Rising Eagle Capital Group LLC violated the Truth in Caller ID Act by using spoofed caller ID information and contacted people on the national Do Not Call list, as well as state-specific lists, to pitch short-term health insurance plans.
The regulator says that Rising Eagle contacted consumers with pre-recorded messages pledging to offer insurance plans from recognized brands like Cigna Corp., Blue Cross and Blue Shield and Aetna but instead directed them to call centers offering coverage from lesser-known providers.
The FCC’s crackdown coincides with a lawsuit against Rising Eagle filed by seven attorneys general in a federal court in Texas who say their residents received a combined 136 million robocalls from the company on their landlines and cellphones.
While some experts and even a Democratic appointee to the FCC have cast doubt as to whether or not the US Department of Justice will be effective in collecting the proposed 9-figure fine, the attorneys general for the states of Arkansas, Indiana, Michigan, North Carolina, Ohio and Texas allege in their lawsuit filed in the US District Court for the Southern District of Texas that consumers who received calls from Rising Eagle are entitled to at least $500 for each illegal call from the company — and that they should receive three times that amount if a court finds that the company knowingly made the calls in violation of the law.
“Hi, this is Ann,” one of Rising Eagle’s pre-recorded message states. “I am calling to let you know we have been granted a limited health enrollment period for a few weeks, so you and your family can get a great insurance plan at the price you can afford. And we make it hassle free to sign up. We have pre-approvals ready in your area including Cigna, Blue Cross, Aetna, United and many more. Press 1 to get a hassle-free assessment or press 2 to be placed on our do not call list. Thanks for your time and be healthy and blessed.”
How We Can Help
The TCPA prohibits companies from making pre-recorded calls to landlines and cellphones without prior written consent from the people they call. Consumer Attorneys LLP can help consumers put a stop to solicitors’ unwanted calls, texts and faxes, and may be able to assist in winning compensation for violations of the TCPA.