Liberty Mutual hit with class action over robocall consent practices

Plaintiff claims consent was buried among thousands of partners on separate webpages

Liberty Mutual hit with class action over robocall consent practices

Claims

By Tez Romero

One of the nation's largest auto insurers is facing allegations it systematically violated federal telemarketing laws by deploying robocalls without proper consumer consent.

Yevonne Powers filed a class-action lawsuit against Liberty Mutual Insurance Company on November 5, 2025, in the United States District Court for the District of Massachusetts, claiming the insurer made unauthorized prerecorded voice calls to her cell phone in violation of the Telephone Consumer Protection Act and Virginia's Telephone Privacy Protection Act.

The lawsuit alleges Liberty has conducted prerecorded-voice call campaigns, robocalling many millions of consumers' residential and cellular telephones over the course of several years without proper consent. Instead of generating leads directly, the insurer allegedly relies on a complex chain of third-party vendors—purchasing phone numbers from lead aggregators, who themselves buy the information from lead generators operating consumer-facing websites.

According to the filing, these lead generators collect personal information through websites where consumers enter their details ostensibly to request information. But the consent mechanisms Liberty relies upon allegedly bury the insurer's name among thousands of "industry partners" or "marketing partners" listed on separate webpages accessible only through hyperlinks.

Powers' information allegedly came from ratemarketplace.com, operated by lead generator Plateau Data Services. Liberty purchased her lead on or about November 4, 2021, from lead aggregator All Web Leads. The filing states that upon information and belief, Liberty purchased more than 25,000 leads from Plateau Data Services on or after November 5, 2021, and attempted to robocall and text more than 20,000 of them.

The website's consent disclosure referenced "5 Industry Partners" via a hyperlink. The filing notes the current hyperlink leads to approximately 7,000 entities, and based on the current linked page and industry practice, if there was a valid webpage linked at the time of the calls, it similarly listed thousands of "Industry Partners."

Powers' phone number has been registered on the National Do Not Call Registry since approximately 2006, yet she allegedly received calls from Liberty.

The allegations take a striking turn with claims that the underlying lead data appears fraudulent. According to tracking data from compliance company Jornaya, the lead shows Powers requested insurance information concerning either an Aston Martin DB9 or an Aston Martin Vanquish S—supercars Powers has never owned - and the IP address traces to the Atlanta, Georgia area, whereas Powers lives in rural Virginia.

Liberty allegedly reviews and approves each consent disclosure block for leads it purchases ahead of time to ensure the disclosures comport with its vision of what constitutes "consent" under the TCPA. The company relies upon Jornaya to assist in making sure it has the level of consent it previously approved and to keep track of consent disclosures.

Yet the lawsuit suggests Liberty has struggled with lead quality before. The insurer sued All Web Leads—the very aggregator that supplied Powers' lead - on September 12, 2025, alleging the leads All Web Leads sold Liberty that were at issue in other litigation were invalid and that All Web Leads' sales of data to Liberty was unfair and deceptive.

The proposed class action seeks to represent all US cell phone subscribers whom Liberty or a third party on its behalf called using artificial or prerecorded voice from four years prior to the filing through the date of class certification, where the originating lead generator website did not mention Liberty in the TCPA disclosures Jornaya logged. A second class would cover all persons whose residential cellular or landline numbers Liberty or someone on its behalf called from four years prior to filing through class certification, more than once in a twelve-month period for purposes of encouraging purchase of Liberty's consumer products or services, where the person's phone number had been registered with the National Do Not Call Registry for more than 31 days at the time of the call.

Powers seeks statutory damages under the TCPA, which the statute allows to be trebled for willful or knowing violations. She also requests injunctive relief and attorneys' fees and costs.

No determination has been made on the allegations.

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