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ARTICLE · 26 OCTOBER 2026

TRAINING IS REQUIRED!: Liberty Mutual Loses Summary Judgment Bid In TCPA Class Action Because It Did Not Prove DNC Policy Training–Don’t Make That Mistake

Liberty Mutual's summary judgment motion in a TCPA class action was denied because the insurance company failed to demonstrate adequate training on Do Not Call list compliance procedures. While the company successfully presented evidence of its DNC policies and consent forms, the court found insufficient proof that employees and third-party vendors received proper training on these procedures, leaving the case to proceed to a jury trial.

United StatesLitigation, Mediation & Arbitration

LCOC V Ticket Prices as I post: $239.00

Really interesting one out of D. Mass. this morning.

Liberty Mutual just came very close to shaking lose of a TCPA class action brought by the Wolf– but got snagged by a failure to prove it was providing adequate training to its employees on the use of the DNC list.

In Ward v. Liberty Mutual, 2026 WL 2957957 (D. Mass Oct. 1, 2026) the parties filed cross motions for summary judgment in a TCPA class action. Spoiler: both sides lost.

Liberty Mutual did a very nice job of having the court accept its Jornaya consent form and using the wayback machine to confirm the contents of a URL on the key date– but the Court denied it MSJ on consent because the plaintiff denied visiting the website (always a problem with third-party lead generation consents.) And that was not a surprise.

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