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Users enrolled in the Mobile Alerts service agree to indemnify Progressive against claims, losses, and legal costs arising from the user providing a phone number that belongs to someone else or from the user's violation of applicable laws.
This analysis describes what Progressive's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This indemnification obligation shifts legal defense costs and liability to the user for TCPA-related claims that may arise if the user provides an incorrect or third-party phone number, which is operationally significant given the TCPA's per-message statutory damages framework.
Interpretive note: The enforceability of consumer indemnification provisions in TCPA-adjacent contexts may vary by jurisdiction and depends on applicable state law governing indemnification clauses in consumer contracts.
The Mobile Alerts terms require users to cover Progressive's legal costs and losses if a user provides a phone number belonging to someone else, which directly engages TCPA liability exposure given that sending text messages to a non-consenting number may give rise to statutory claims.
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"Additionally, you agree to indemnify, defend and hold us harmless from and against any claims, losses or costs (including reasonable attorneys' fees) arising from your provision of a phone number that is not your own or your violation of applicable state and federal laws and regulations.Excerpt from Progressive's Terms of Use
1. REGULATORY LANDSCAPE: This indemnification clause directly engages the Telephone Consumer Protection Act, which imposes statutory damages of $500 to $1,500 per unsolicited text message sent to a recipient who did not consent. If a user provides a third-party phone number and Progressive sends text messages to that number, both Progressive and the user may face TCPA exposure; the indemnification clause attempts to shift Progressive's TCPA defense costs to the user. The FCC enforces TCPA, and private rights of action are broadly available. 2. GOVERNANCE EXPOSURE: Medium. Consumer indemnification provisions in TCPA-adjacent service agreements are subject to scrutiny, and the enforceability of such provisions against consumers varies by jurisdiction. The practical ability to collect indemnification from individual consumers in TCPA litigation contexts is operationally uncertain. 3. JURISDICTION FLAGS: California's Invasion of Privacy Act and Illinois Biometric Information Privacy Act are not directly engaged, but state TCPA analog statutes in several states may impose additional obligations. The indemnification clause's reference to violation of applicable state and federal laws is broad and may encompass a range of conduct beyond phone number provision. 4. CONTRACT AND VENDOR IMPLICATIONS: Telecommunications service providers and messaging platform vendors involved in delivering Mobile Alerts should be assessed for their own TCPA compliance programs, as the indemnification clause does not address liability allocation between Progressive and its downstream messaging vendors. 5. COMPLIANCE CONSIDERATIONS: Legal teams should confirm that the Mobile Alerts enrollment process collects affirmative, documented consent from the account holder and that opt-out procedures via STOP to 99354 are technically functional and properly logged. TCPA compliance audits should cover the full lifecycle of enrollment, message delivery, and unenrollment for this service.
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This indemnification obligation shifts legal defense costs and liability to the user for TCPA-related claims that may arise if the user provides an incorrect or third-party phone number, which is operationally significant given the TCPA's per-message statutory damages framework.
The Mobile Alerts terms require users to cover Progressive's legal costs and losses if a user provides a phone number belonging to someone else, which directly engages TCPA liability exposure given that sending text messages to a non-consenting number may give rise to statutory claims.
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