BetterDoctor, Quest Analytics Unwanted Faxes TCPA Class Action

Congress passed the Telephone Consumer Protection Act (TCPA) in 1991. It later amended it with the Junk Fax Prevention Act of 2005. These laws and their associated regulations forbid persons or entities from faxing (or having someone else fax on their behalf) advertisements to consumers without first getting the consumers’ express invitation or permission. This class action brings suit against BetterDoctor, Inc. and Quest Analytics, LLC from violating the law.

The complaint claims that, on or around August 31, 2016, BetterDoctor and Quest sent an unsolicited fax ad to Eric B. Fromer Chiropractic, Inc. A copy of this ad was attached to the original complaint as Exhibit A when it was filed. According to the complaint, “The Fax seeks to have [Eric B. Fromer Chiropractice] verify its provider information and become part of Defendants’ inventory of network providers.”

Ironically, the complaint describes BetterDoctor as providing “directory data to ensure health plans, health systems, provider groups, and doctors are regulation-compliant and can provide patients with care they’re looking for.” BetterDoctor itself, it seems, exempts itself from being “regulation-compliant.”

Unwanted faxes are nuisances and cost consumers in a number of ways:

  • They tie up fax machines and phone lines, so that they are not available for messages that are wanted.
  • They cost the recipients in paper and ink or toner.
  • They waste the time of employees who have to figure out what to do with them.

The August 31 fax has an aggressive, demanding tone. Its first page claims to be a “THIRD NOTICE.” The complaint quotes page two as saying, “I was asked to verify your information by one or more health plans that you contract with as required by California Senate Bill 137 and Medicare Advantage. I’ve sent you two faxes in the past two weeks explaining the new state regulations with instructions on how to verify your information online, but haven’t received your response yet. Please verify your information today.” It also states, “Failure to verify your information will be reported to health plans.”

According to the complaint, the fax qualifies as advertising because it is part of Defendants[’] overall marketing campaign to make their products and services more desirable to consumers by growing their network of providers.” It does not contain the required opt-out notice.

The complaint alleges that Eric B. Fromer Chiropractic did not give any “prior express invitation or permission” for such faxes to be sent to it.

The class for this action is all persons who

  • On or after August 31, 2016,
  • Were sent fax messages of material advertising the commercial availability or quality of any property, goods, or services, by or on behalf of the defendants in this case,
  • Whose “prior express invitation or permission” to send such fax ads the defendants in this case did not obtain, and/or
  • Where the fax ad did not include an opt-out notice that fulfills the requirements of the law.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

BetterDoctor, Quest Analytics Junk Faxes TCPA Complaint

August 31, 2020

Congress passed the Telephone Consumer Protection Act (TCPA) in 1991. It later amended it with the Junk Fax Prevention Act of 2005. These laws and their associated regulations forbid persons or entities from faxing (or having someone else fax on their behalf) advertisements to consumers without first getting the consumers’ express invitation or permission. This class action brings suit against BetterDoctor, Inc. and Quest Analytics, LLC from violating the law.

BetterDoctor, Quest Analytics Junk Faxes TCPA Complaint

Case Event History

BetterDoctor, Quest Analytics Junk Faxes TCPA Complaint

August 31, 2020

Congress passed the Telephone Consumer Protection Act (TCPA) in 1991. It later amended it with the Junk Fax Prevention Act of 2005. These laws and their associated regulations forbid persons or entities from faxing (or having someone else fax on their behalf) advertisements to consumers without first getting the consumers’ express invitation or permission. This class action brings suit against BetterDoctor, Inc. and Quest Analytics, LLC from violating the law.

BetterDoctor, Quest Analytics Junk Faxes TCPA Complaint
Tags: Failure to Provide Opt-Out Notice, TCPA, Unsolicited Faxes