Humana Unwanted Cell Phone Calls TCPA Class Action

The Telephone Consumer Protection Act (TCPA) attempts to protect people from unwanted calls by requiring that businesses follow certain rules and procedures before unleashing their telemarketers. However, it seems that some companies don’t comply with the law, whether that noncompliance is negligent or willful. The complaint for this class action alleges that Humana, Inc. violated the TCPA in at least two ways in placing calls to consumers.

Among the things provided for in the TCPA, two are relevant in this case.

First, telemarketers are prohibited from placing non-emergency calls to consumer cell phones, using automatic telephone dialing systems (ATDSs) or artificial or prerecorded voices, unless they have the consumers’ prior express written consent to receive such calls.

Second, consumers may place their telephone numbers on a National Do Not Call (DNC) Registry, and businesses are supposed to scrub these numbers from their lists of leads before they proceed with telemarketing.

Plaintiff Richard Winters, Jr. placed his cell phone number on the National DNC Registry at least thirty days before the events at issue in this case.

Beginning around November 1, 2018, Humana began contacting Winters on his cell phone, trying to get him to use their services. The calls came from a number that the complaint says has been confirmed as belonging to Humana.

The complaint asserts that the calls were made with an ATDS and that they were not for emergency purposes.

Winters claims he never gave Humana his prior express written consent to contact him in this way. In addition, they should not have been contacting him via that number as it was on the National DNC Registry.

The complaint alleges both negligent and willful violations of the TCPA. It proposes two classes:

The ATDS Class is all persons in the US who received a solicitation or telemarketing call from Humana to their cell phones, where the calls were made through the use of an automatic telephone dialing system or artificial or prerecorded voice, between July 27, 2016 and the date of the certification of the class in this action, and where the persons had no previously consented to receiving such calls.

The DNC Class is all persons in the US who had had their telephone number registered on the National Do Not Call Registry for at least thirty days, who had not granted Humana their prior express consent to receive such calls, and did not have a prior established business relationship with Humana, who received more than one call made by or on behalf of Humana that promoted Humana’s products or services, within any twelve-month period between July 27, 2016 and the date of the certification of the class in this action.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Humana Unwanted Cell Phone Calls TCPA Complaint

July 27, 2020

The Telephone Consumer Protection Act (TCPA) attempts to protect people from unwanted calls by requiring that businesses follow certain rules and procedures before unleashing their telemarketers. However, it seems that some companies don’t comply with the law, whether that noncompliance is negligent or willful. The complaint for this class action alleges that Humana, Inc. violated the TCPA in at least two ways in placing calls to consumers.

Humana Unwanted Cell Phone Calls TCPA Complaint

Case Event History

Humana Unwanted Cell Phone Calls TCPA Complaint

July 27, 2020

The Telephone Consumer Protection Act (TCPA) attempts to protect people from unwanted calls by requiring that businesses follow certain rules and procedures before unleashing their telemarketers. However, it seems that some companies don’t comply with the law, whether that noncompliance is negligent or willful. The complaint for this class action alleges that Humana, Inc. violated the TCPA in at least two ways in placing calls to consumers.

Humana Unwanted Cell Phone Calls TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer