Insurance Agents Face Personal Liability in TCPA Class Action: Matthews v. Senior Life Insurance Co.

The Matthews v. Senior Life Insurance Co. case in the Eastern District of Virginia highlights significant legal risks for insurance agents concerning the Telephone Consumer Protection Act (TCPA). The case involves Senior Life Insurance Co. (SLIC) being sued in a TCPA class action over three unsolicited telemarketing calls. While SLIC initially succeeded in dismissing the lawsuit, an amendment named individual insurance agent Daniel Swisa as a defendant.

Swisa was implicated due to a warm transfer of a call during the sales process, and court findings confirmed his employment relationship with SLIC based on licensing records. This personal liability for TCPA violations underscores a critical issue: insurance agents may face direct legal exposure alongside their employers for telemarketing activities.

The case's circumstances suggest ambiguity regarding whether Swisa was acting independently or under the company's direction when the calls were made. This ambiguity exemplifies the challenges insurance professionals face in telemarketing compliance and reinforces the need for robust risk management and legal protection strategies. Ultimately, the ruling signals increased scrutiny on insurance agents' telemarketing practices and personal accountability risks within TCPA litigation.