Troutman Sanders Secures Summary Judgment for Anthem in Big Win for Health Care Companies under TCPA
ATLANTA – On Monday, November 4, 2019, in a first-of-its-kind decision under the Telephone Consumer Protection Act (TCPA), Troutman Sanders LLP won summary judgment for Anthem, Inc. The U.S. District Court for the Northern District of Ohio agreed with Anthem’s position that prerecorded message calls from a managed care provider to a member’s residential landline – even though that number had since been reassigned to a non-member – still fell under the non-telemarketing exception to the TCPA’s prohibitions against prerecorded message calls to residential numbers without prior express consent.
“We are pleased with the court’s decision, which is a notable, first-of-its-kind decision under the TCPA that will provide helpful industry guidance,” said Troutman Sanders Partner Chad Fuller. “We are honored to represent Anthem and are proud of the team’s work in this matter.”
“The outcome is important for other health care companies seeking clarity under the TCPA, specifically as it relates to what is and what is not a marketing call and a health care message. We look forward to continuing to help our clients navigate these important regulations,” added Partner Virginia Bell Flynn.
The calls at issue ranged from flu shot reminders, to telehealth calls, to calls requesting the member’s email address. The court confirmed that these types of calls are not telemarketing because “[a]t no point, however was Anthem selling any product or using the calls as a pretext to sell a product in the future.” The decision could have wide-ranging implications for the $3.65 trillion health care industry as managed care providers increasingly use telephonic outreach to connect with members.
Anthem was represented in the matter by Troutman Sanders’ Chad Fuller, Virginia Bell Flynn, Alan Wingfield, Marlee Waxelbaum, and Anna Jane Zarndt. Troutman Sanders’ trial attorneys have litigated thousands of individual and class action lawsuits in the consumer protection area. The firm regularly represents national, regional and local clients in litigation and provides compliance advice in the areas of managed care and consumer protection.
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