A reader unwittingly alerted me to a Family First Life lawsuit a few days ago.
Last October, I was able to independently verify that a proposed class-action lawsuit was filed against Family First Life.
The complaint was filed in the state of Florida. An Amended Complaint was filed on February 28th, which we’ll go through today.
Reynaldo Suescum and Francisco Baserva are the named Plaintiffs in the proposed class action.
Suescum and Baserva are Florida residents with no direct ties to Family First Life.
The lone stated defendant is Family First Life LLC, a Connecticut firm.
Suescum and Baserva (plaintiffs) claim they were robocalled by Family First Life late last year.
The calls allegedly violated the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act, according to the plaintiffs (FTSA).
An SMS sent to Suescum’s phone on September 29th, 2021 was the first robocall incident offered as proof.
Suescum is offered a $2800 to $3900 per week salary in an SMS from Michelle, who claims to be Family First Life’s hiring manager.
Suescum replied “Stop” to the message, which the network recognized.
Family First Life’s unsolicited SMS, according to the plaintiffs, “did not offer information on how to opt-out of future solicitations.”
Despite stating that no more communication will be issued, on October 18th, Family First Life sent Suescum another unwanted SMS.
“Teri from Family First Life” sent this message through a different phone number. There were no income claims and no information on how to opt-out.
The SMS, on the other hand, was still unsolicited and in contravention of Suescum’s earlier request for opt-out.
On September 4th and October 8th, Baserva got two similar SMSs from Family First Life.
“Since December 2017, my phone number has been registered with the National do-not-call registration,” Baserva said.
Suescum and Baserva both claim that they never “expressly consented to be approached” by Family First Life.
Family First Life’s inability to fulfill opt-out requests, according to the Plaintiffs, is symptomatic of the Defendant’s failure to (1) maintain an internal do not call list; and (2) advise and teach its telemarketing workers on the existence and use of any internal do not call list.
Family First Life used a computer software system to transmit the aforesaid telephonic sales calls, which automatically chose and phoned Plaintiff’s and Class members’ phone numbers.
The use of automatic, instantaneous opt-out confirmations by Family First Life demonstrates that the company is capable of quickly and readily complying with Suescum’s and putative class members’ opt-out requests.
Despite these technologically sophisticated capabilities, Family First Life ignored opt-out requests and instead embarked on an incessant and poorly overseen text message marketing campaign.
The proposed class action by the Plaintiff seeks to create three classes:
1. anyone in Florida who did not consent; 2. anyone in the United States who was contacted by Family First Life after opting out in the previous four years; and/or 3. anyone in the United States who was contacted in the previous four years and has their phone number on the National Do Not Call registry.
If certified, the plaintiffs expect the class will “number in the thousands, if not more.”
Defendant has made automated calls to cellular telephone numbers belonging to thousands of consumers across the United States without their prior express consent, to thousands of consumers who have already revoked consent, and to consumers whose numbers are registered on the National do-not-call registry, according to information and belief.
As a result, the members of the Classes are said to be so numerous that joining all of them is impossible.
The actual number of Class members and their identities are unknown at this time, and can only be discovered through discovery.
Plaintiffs seek statutory damages, orders confirming Family First Life’s FTSA and TCPA breaches, an injunction barring further violations, and expenses if class certification is granted.
It’s noteworthy that Family First Life is going after them for unlawfully contacting consumers, given that leads are a big part of their business strategy.
Signing up, buying leads, and selling life insurance policies is Family First Life’s primary business plan.
That’s from the November 2021 evaluation of BehindMLM’s Family First Life.
This is evident in both the marketing SMSs left (“an excess of leads”) and Family First Life’s marketing.
When I began investigating Family First Life for our evaluation, I noticed that SMS leads were not listed.
In any case, if Family First Life is selling unsolicited leads to affiliates in bulk, this might be a federal violation of the FTC Act.
Family First Life requested an extension of time to file a response to the Amended Complaint on March 4th.
Later that day, the motion was approved, providing Family First Life until April 13th.
The Family First Life class action has been added to BehindMLM’s schedule. Stay tuned for more information as the case progresses.
9th of May, 2022 – The Family First robocall class action has been submitted to mediation as of May 2022.
A jury trial has also been set for 2024.