Insurer, Heart Association Duck TCPA Texting Suit
Troutman Sanders is mentioned in a Law360 story titled, “Insurer, Heart Association Duck TCPA Texting Suit.” The story shares developments in Reese v. Anthem Inc. et al. On March 12, 2018, a Louisiana district judge tossed the plaintiff’s putative class action lawsuit against the American Heart Association (“AHA”); Anthem Foundation, Inc.; and Anthem, Inc. under the Telephone Consumer Protection Act (“TCPA”) relating to text messages sent to a consumer following her attendance at a CPR training course. The lawsuit attempted to broaden the TCPA in two key ways: (1) expanding vicarious liability to any brands allegedly affiliated with the communications, and (2) applying the TCPA’s prior express written consent standard for telemarketing calls to text messages providing information about local CPR classes. Both efforts failed, and the lawsuit was dismissed without leave to amend. Partners Chad Fuller and Alan Wingfield and associates Virginia Bell Flynn and Justin Brandt represent Anthem.