Consumer objects to ‘health care messages’ by cell phone

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 8, 2022 11:13 AM

Suing for alleged violations of the Telephone Consumer Protection Act, Sergio Fiorarancio says WellCare Health Plans pestered him with 20 phone calls and 18 voicemail messages within 11 months — including four calls that used prerecorded voices — even though he was enrolled on the National Do Not Call List and hadn’t consented to receiving the cell phone communications. WellCare’s motion to dismiss argued that the “NDNC claim” was invalid because its calls were merely “informational.” And it insisted the “pre–recorded call …

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