A proposed class action has been filed against Arrowhead Clinic of Tennessee, Inc. by a woman who claims the defendant sent her automated marketing text messages without her prior consent. According to the case, the plaintiff was in a car accident on March 6, 2018 and sought medical treatment at a Tennova facility in Clarksville, Tennessee. She says she was asked to provide her cellular telephone number but never consented, orally or in writing, to receive marketing text messages. Nevertheless, the lawsuit continues, the plaintiff received two texts from the defendant on March 8 advertising Arrowhead’s services. A few days later, she allegedly received two more messages that “directly replicated” the previous texts, suggesting that they were sent using automated dialing technology, the case attests. The woman claims the defendant sent the texts without her permission, invading her privacy and using up resources for which she had previously paid.
The case further alleges that the defendant violated state law by misrepresenting that it was associated with the former owner of Tennova, where the plaintiff had been treated after her car accident. From the complaint:
Defendants represented that they were with Gateway Medical Center/Tennova, and that the pain management services being offered in the text messages originated with or were sponsored by Gateway Medical Center/Tennova, when in reality, the text messages being received by Plaintiff were being sent by Defendants and lacked any origin or sponsorship by Gateway Medical Center/Tennova.”
Originally filed in Tennessee state court, the case has since been removed to the District Court for the Middle District of Tennessee.