Nationwide Health Advisors Pegged with TCPA Suit

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Donisi Jax, Inc. (which does business as Nationwide Health Advisors) is on the receiving end of a proposed class action lawsuit that alleges violations of the Telephone Consumer Protection Act (TCPA). The plaintiff in the case claims the defendant called his cell phone “dozens of times” using autodialing technology without his prior consent in an attempt to sell him a health insurance plan. According to the complaint, the defendant purportedly obtained the plaintiff’s consent to receive the calls when he entered his number on a form through healthcare.com. The suit argues, however, that the disclosure listed on the form was “not sufficient” to meet the TCPA’s definition of “prior express written consent” because it was not “apparent to a reasonable consumer” and did not clearly identify the seller.