A proposed class action lawsuit claims that National Health Plans & Benefits Agency, LLC violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited, automatically generated telemarketing texts.
The lead plaintiff claims she received the following text from the defendant, a company that helps consumers obtain health insurance, in January 2019:
“Hi, it’s Kelly! I’ve been trying to tell you it’s NOT TOO LATE to get Health Insurance starting 1/15 call me NOW at [phone number] Reply STOP to opt out”
According to the complaint, this text and similar messages were sent by the defendant using automatic telephone dialing systems (ATDS) technology, the use of which is forbidden by the TCPA without express written consent from the recipient. The messages were sent out en masse, the case explains, and harassed and annoyed the plaintiff and other putative class members. The plaintiff claims she never provided the defendant with prior express written consent to receive texts or had any previous business relationship with National Health Plans & Benefits Agency.
The lawsuit looks to represent a class comprising all U.S. consumers who received texts from National Health Plans & Benefits Agency within the last four years and did not provide consent to receive such messages.