Allstate Hit with TCPA Class Action Over AI Voice Marketing Calls

A new class action alleges Allstate’s agent used unlawful AI voice calls in TCPA breach.

On November 13, 2026, a class action lawsuit was filed accusing Allstate Insurance Company’s agent, the Hardin Agency, of violating the Telephone Consumer Protection Act (TCPA) by using AI-generated voice calls in marketing without prior express consent from consumers.

The TCPA requires that telemarketing calls using artificial or prerecorded voices have prior express consent from the called party. In February 2024, the Federal Communications Commission (FCC) clarified that AI-generated voice calls fall within the TCPA’s scope as artificial or prerecorded voices, underscoring the need for explicit consumer consent.

Previously, in June 2026, the Seventh Circuit Court of Appeals ruled Allstate was not vicariously liable for TCPA violations by a third-party telemarketer due to insufficient proof of an agency relationship. This precedent may impact how liability is determined in the current case, which directly involves an agent using AI technology.

The new lawsuit’s outcome could set important legal precedent for compliance with AI-driven communication tools under the TCPA. This is especially critical for insurers and legal teams navigating evolving AI regulatory landscapes.

Details on how many calls were made or the duration of Hardin Agency’s campaign remain undisclosed, as is whether Allstate knew about the alleged AI call practices. Nonetheless, legal experts note this development highlights emerging challenges around AI voice technology in telemarketing and the importance of TCPA adherence.