I’m back with another update to put on your radar. Following up on the one and only Czar’s post about Liberty Mutual’s lawsuit against All Web Leads, Inc. (“AWL”), here’s a status update on the litigation and some additional context on the underlying TCPA class actions that initiated this indemnity battle. If you missed Czar’s coverage, you can read it here: “$1.3MM in TCPA Defense Fees! All Web Leads Sued for Allegedly Failing to Defend TCPA Suits Caused by Its Leads—and the Defense Costs Here Are Staggering”
For a quick recap, Liberty Mutual sued AWL in the District of Massachusetts, seeking over $1.36 million in damages, alleging that AWL sold leads that gave rise to two TCPA class actions and then refused to indemnify Liberty Mutual when things went south. Yes, you read that number right. See Liberty Mut. Ins. Co. v. All Web Leads, Inc., No. 1:25-cv-12565-ADB (D. Mass. filed Sept. 12, 2025).
So what has happened since the filing of the initial Complaint? Well, AWL has retained counsel and appeared. Additionally, Liberty Mutual recently obtained an extension to file an amended complaint by December 10, 2025, so we may see some additional allegations or refined claims coming soon.
But I want to stress how Liberty Mutual found itself in this lawsuit. The first TCPA class action that allegedly stemmed from AWL’s leads—Fralish v. Liberty Mut. Ins. Co., No. 3:22-cv-00336-DRL-SJF (N.D. Ind.)—has since settled. After more than two and a half years of contentious litigation, the parties reached a settlement, and the case was dismissed with prejudice on November 19, 2024.
That docket tells quite a story. Ranging from motions to compel and motions for protective orders. Fights over ESI protocols. Discovery disputes that went on for months. Multiple extensions. This wasn’t a quick settlement; it was a prolonged battle that racked up serious costs.
According to Liberty Mutual’s Complaint against AWL, they incurred $1,285,799.87 in litigation costs and attorneys’ fees defending the Fralish case alone. That’s nearly $1.3 million to defend a single TCPA class action. And that figure isn’t clear on whether it includes what Liberty Mutual actually paid to settle the case.
Liberty Mutual’s initial Complaint against AWL presents a concerning account of the alleged issues. The lawsuit claims that AWL provided Liberty Mutual with a lead supposedly from a consumer named Fralish. When Fralish later filed his TCPA class action, claiming he never consented to receive communications from Liberty Mutual, Liberty Mutual checked the lead data through Jornaya, a marketing data intelligence company, and discovered that the name associated with the phone number AWL provided didn’t even match.
Liberty Mutual alleges AWL failed to properly vet, isolate, or scrub the lead before selling it.
Starting in September 2021, Liberty Mutual issued multiple indemnification demands to AWL. According to the Complaint, AWL refused each time. As such, Liberty Mutual is now suing for breach of contract and violations of Massachusetts General Laws Chapter 93A (unfair and deceptive trade practices), which could allow for multiplied damages if the conduct was willful and knowing.
A second TCPA class action—in the District of Massachusetts—added another $73,460.26 in defense costs, according to Liberty Mutual’s Complaint. Combined, Liberty Mutual claims AWL’s alleged failures have cost them $1,359,260.13. I’m assuming this figure may go way up in Liberty Mutual’s Amended Complaint.
However, we don’t yet know AWL’s defenses. Maybe the indemnification provisions don’t say what Liberty Mutual thinks they say. Maybe AWL has evidence that the leads were properly vetted. Maybe there are contractual defenses we haven’t seen. We’ll have to wait for AWL’s answer and the litigation to develop.
Regardless of how this case ultimately resolves, the broader lessons are essential for anyone in the lead generation space. The lead supply chain matters. When leads pass through multiple hands before reaching the end buyer, you’re trusting every link in that chain. One weak link can mean a potential class action.
Your vendor contracts need to be meticulously reviewed (cough, cough, this is why you need Troutman Amin, LLP), and your vendors need to actually honor them. A contract is only as good as the counterparty’s willingness to perform. The Fralish case alone allegedly cost nearly $1.3 million in defense fees over two and a half years. That’s the potential cost of one bad lead.
