Lightfoot v. Selectquote, Inc.
1:24-cv-04673
N.D. Ill.May 30, 2025Background
- Plaintiff Ronald Lightfoot alleges he received an unsolicited, prerecorded telemarketing call promoting SelectQuote’s insurance products, without his prior consent.
- The recorded message allegedly did not mention SelectQuote by name, instead using a generic script without clear identification of the caller.
- The calls were made by third-party lead generators, not directly by SelectQuote.
- Lightfoot brings the case as a putative class action on behalf of others who allegedly received similar calls.
- SelectQuote moved to dismiss the First Amended Complaint (FAC) under Rule 12(b)(6), arguing insufficient facts to impose vicarious TCPA liability.
- The Court granted the motion to dismiss but allowed Lightfoot to seek discovery limited to the call at issue and to replead by June 30, 2025.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Vicarious liability for TCPA violations | SelectQuote is liable for calls made by third-party lead generators on its behalf. | No sufficient facts to connect SelectQuote with the specific call; no agency. | No vicarious liability plausibly pled |
| Identification of SelectQuote in the call | Call promoted SelectQuote’s products; message was crafted to obscure who was calling. | No facts linking message directly to SelectQuote; script hid company’s name. | No factual link established |
| Sufficiency of pleading under Rule 12(b)(6) | Complaint provides enough factual detail to assert a plausible claim. | Complaint is conclusory and unsupported by specific facts. | Complaint insufficient; dismissed |
| Leave to amend and conduct limited discovery | Requests chance to amend complaint after discovery. | No opposition noted; subject to the Court’s discretion. | Leave to amend granted |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (standard for pleading sufficient facts under Rule 12(b)(6))
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for assessing complaint sufficiency)
- McCauley v. City of Chicago, 671 F.3d 611 (7th Cir. 2011) (complaint must contain enough detail to tell a coherent story)