Class Action Filed Over Alleged ‘Medicare’ Robocalls Advertising Vibrant Healthcare Genetic Testing Kits

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Genetic test kit supplier Vibrant Healthcare, LLC has been hit with a proposed class action over telemarketing calls it allegedly placed to phone numbers listed on the National Do Not Call (DNC) Registry.

The nine-page lawsuit alleges the defendant has violated the Telephone Consumer Protection Act (TCPA) by placing the calls without first obtaining the recipients’ express consent.

The plaintiff, a Pennsylvania resident, says his phone number was registered on the DNC registry for at least a year before he began receiving telemarketing calls from Vibrant Healthcare.

Per the suit, the caller would state that they were calling “from the Medicare” and ask if the plaintiff had “Medicare Part A & B.” The case says the caller would then offer the plaintiff a genetic testing kit to determine his risk for cardiovascular diseases.

According to the suit, Vibrant began calling the plaintiff in April 2020 and, because the calls continued, the consumer “engaged the telemarketing representative” in order to identify the company he worked for. The case says the plaintiff was sent a genetic testing kit from Vibrant Healthcare in late August 2020.

Though the plaintiff told the defendant to stop calling him in September 2020, the calls continued, according to the lawsuit.

Per the case, the plaintiff again asked Vibrant not to call him on May 9 and 11, 2022, yet he continued to receive the unwanted telemarketing calls.

The plaintiff claims to have never provided consent to receive telemarketing calls from Vibrant, and that the calls were a violation of his privacy.

The suit looks to represent anyone in the U.S. whose telephone number was listed on the National Do Not Call Registry for at least 31 days and who received more than one telemarketing call from or on behalf of Vibrant Healthcare within a 12-month period at any time within the last four years.

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