Medical Alert Failed to Obtain Consent Before Robocalling Consumers, Class Action Claims

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A proposed class action lawsuit filed in Pennsylvania claims ConnectAmerica.com, also known as Medical Alert, placed illicit telemarketing calls to consumers without prior express written consent.

According to the case, the lead plaintiff received at least one unsolicited, automatically dialed telemarketing call from Medical Alert in August 2018. The plaintiff claims that he received the call from the defendant despite his number’s inclusion in the National Do-Not-Call Registry (DNC) since 2003. The plaintiff specifically requested that Medical Alert stop contacting him, revoking any prior consent that may have existed, on an initial call he received from the company, the complaint says.

Under the Telephone Consumer Protection Act (TCPA), it is illegal to call consumers using an automated telephone dialing system or pre-recorded message without obtaining express written consent beforehand. The statute also forbids placing calls to numbers that have been registered with the DNC for at least 30 days without express written consent, the lawsuit explains. The case contends the defendant’s calls were illegal since the plaintiff never consented to receive calls from Medical Alert, and any consent that may have existed was specifically revoked when the plaintiff requested an end to the calls.

According to ConnectAmerica.com, the company provides medical alert systems and offers remote patient monitoring and medication management services to consumers.

The lawsuit looks to represent multiple classes of consumers who received at least one unsolicited, autodialed call from Medical Alert or received unauthorized calls from the defendant despite their number’s inclusion in the DNC registry. The suit requests damages of up to $1,500 for each alleged TCPA violation.