Written by Dwayne Sam

In Shank v. Givesurance Insurance Services, Inc., Plaintiff alleged that Givesurance, as an agent for Progressive Casualty Insurance Company and Progressive West Insurance Company (collectively “Progressive”), placed a telemarketing call to his cellular telephone. Thereafter, “an automated text then appeared” on his phone asking him to “‘[P]lease contact our office to save you money on you[sic] Progressive Trucking Insurance[ ]Policy. Defendants argued that no claim under the TCPA was alleged since there were no allegations that a random or sequential number generator was used to dial the calls and, instead, the individuals who received the text message were all “subscribers” or imported contacts.