Judge deems telephone calls outside the protection of Health Care Rule

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 25, 2022 11:27 AM

MyEyeDr. LLC relied on the exemption for health care messages when Jennifer Murtoff sued it for allegedly violating the Telephone Consumer Protection Act by pestering her with automated messages.Murtoff says she never consented to the calls. Her only contact with MyEyeDr. was a single emailed inquiry about the price of glasses. Yet even after requesting a stop, she allegedly received automated calls saying it was supposedly “time for your next eye exam.”The complaint requested $500 in statutory damages for each violation …

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