Healthy Access Places Unlawful Telemarketing Calls Without Consumers’ Consent, Class Action Claims [DISMISSED]

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A proposed class action lawsuit has been filed against Healthy Access by a consumer who claims to have received numerous unsolicited telemarking calls from the company in April 2021 despite his phone number being listed on the National Do Not Call Registry.

According to the nine-page complaint, Andrews Wharton, Inc., who does business as Healthy Access, “knowing[ly]” violated the Telephone Consumer Protection Act (TCPA)—which aims to protect citizens from unwanted telemarketing calls—when it made repeated calls to the plaintiff, a resident of Iowa with whom the company allegedly had no prior relationship and whose cell phone number has been on the National Do Not Call Registry since January 2021.

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Per the lawsuit, the defendant, an agency that advises consumers about Medicare plans, calls potential customers to promote its services without first obtaining their consent to be contacted. The case charges that this “illegal conduct” results in the “invasion of privacy, annoyance and disruption of the daily life of thousands of individuals nationwide.”

The defendant first called the plaintiff’s cell phone twice on April 5, 2021, the suit explains, and after rejecting the first call, the plaintiff answered the second time and allegedly informed the representative that he was uninterested in Healthy Access’ services. Over the next few days, the man received additional calls from a Healthy Access agent and, on several of the calls, again told representatives he was not interested, the complaint relays.

On April 8, during one of the three calls he received from the defendant, the plaintiff requested that the agent stop calling, the lawsuit claims. In spite of his request, a Healthy Access representative again contacted the plaintiff once on April 9 and twice on April 14, the case says.

The plaintiff had listed his cell phone number on the National Do Not Call Registry months before receiving the first call from Healthy Access, the complaint emphasizes, and he had allegedly done no previous business with the defendant or sought out its services in any way.

The lawsuit looks to represent anyone in the United States whose phone number has been listed on the National Do Not Call Registry for at least 31 days and who has received more than one promotional telemarketing call from Healthy Access or on its behalf in any 12-month period since January 9, 2019.

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