Class Action Says Online Mental Healthcare Provider AbleTo Unlawfully Placed Unsolicited Telemarketing Calls

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A proposed class action alleges AbleTo, Inc. has placed unlawful telemarketing calls to consumers’ cell phones without first securing their permission to be contacted.

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The 25-page case was filed by a Florida resident who claims the online therapy company has called him approximately 30 to 50 times since October 2021 to promote its services despite having never obtained prior express consent to do so. 

Although the plaintiff has asked AbleTo multiple times to stop contacting him, the company has continued to call him and left at least three prerecorded, nearly identical voicemails offering its virtual therapy services and self-help coaching programs, the lawsuit contends.

According to the filing, the federal Telephone Consumer Protection Act and the Florida Telephone Solicitation Act prohibit the use of an artificial or recorded voice to deliver non-emergency telephone calls without first receiving the recipient’s express consent. 

Moreover, the filing accuses the company of allegedly placing calls to thousands of consumers listed on the national do-not-call registry without their prior express consent.

The complaint claims AbleTo has subjected tens of thousands of individuals to its “knowing, willful, and intentional” violations of state and federal laws. The case argues that, as a result, the defendant owes consumers $1,500 for each of its allegedly unlawful phone calls, which the plaintiff says have inconvenienced him, disrupted his daily life, invaded his privacy and taken up memory on his cell phone. 

The suit looks to cover anyone in the United States who, within the past four years, received any solicitation/telemarketing phone calls from AbleTo to their telephone made through the use of an artificial or prerecorded voice and had not previously consented to receive such calls.

The lawsuit also seeks to cover anyone within the United States who, within the past four years, received two prerecorded phone calls within a 12-month period from AbleTo to their telephone.

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