Express Scripts, Inc. is on the receiving end of a proposed class action in which a Massachusetts consumer claims to have received unlawful robocalls from the pharmacy benefit management company. According to the case, the defendant placed the calls without securing the plaintiff’s prior consent to be contacted and continued calling after he demanded on several occasions that the calls cease.
The seven-page complaint claims Express Scripts repeatedly left voicemails on the plaintiff’s cell phone in which a prerecorded or artificial voice stated the defendant was attempting to reach an individual who was unknown to the plaintiff. The plaintiff claims he never provided his cell phone number to the defendant nor consented to be contacted by the company. In fact, the man alleges that the calls continued despite his request on several occasions that the defendant stop calling, as he was not the individual the company was attempting to reach.
The lawsuit explains that under the Telephone Consumer Protection Act (TCPA), companies are prohibited from placing non-emergency calls using a prerecorded or artificial voice to consumers’ cell phone numbers without securing their prior consent to be contacted.
The case looks to represent anyone who, within the past four years, received to their cell phone at least one prerecorded or artificial voice call from or on behalf of the defendant regarding an unrelated person after instructing the defendant to stop calling.