Florida Resident Files Class Action Alleging United HealthCare ‘Bombarded’ Him with Automated Texts
Muccio v. United HealthCare Services, Inc.
Filed: January 10, 2023 ◆§ 9:23-cv-80036
A class action lawsuit has been filed against United HealthCare Services, Inc. by a Florida resident who claims to have received numerous automated text messages from the company without his consent.
A proposed class action lawsuit has been filed against United HealthCare Services, Inc. by a Florida resident who claims to have received numerous automated text messages from the company without his consent.
According to the 19-page complaint, the defendant “bombarded” the plaintiff with automated texts soliciting its health insurance products and services between 2021 and 2022 and likely sent similar messages to other consumers. Per the lawsuit, United HealthCare “knowingly” violated the Florida Telephone Solicitation Act (FTSA), which prohibits companies from placing automated sales calls and texts to consumers without their prior written consent.
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The suit claims that the sheer volume, frequency, and “impersonal and generic nature” of the text messages received by the plaintiff prove that United HealthCare used a “computer software system that automatically selected and dialed Plaintiffs and the Class members’ telephone numbers.”
The company’s use of an automated messaging platform to send solicitous texts “without any human involvement” enabled it to “maximize the reach of its text message advertisements” at little cost to United HealthCare, the case charges.
The filing contends that the defendant could have lawfully promoted its services via automated text messaging simply by procuring consent from consumers prior to sending the texts.
The plaintiff claims he never authorized United HealthCare to send him automated text messages and, like other consumers, was unaware of how to stop them. The man has suffered “annoyance, nuisance, and invasion of [his] privacy” as a result, the complaint claims.
The lawsuit looks to represent anyone residing in Florida who has received automated text messages soliciting United HealthCare’s products and/or services.
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