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Class Certification Granted in Hospital Debt Collection Class Action Lawsuit
By Matt O’Donnell
A federal judge on Tuesday certified a class action lawsuit accusing medical debt collector Healthcare Revenue Recovery Group LLC of placing illegal cell phone calls to hospital patients seeking debt payments.
Plaintiff Stephen M. Manno accuses Healthcare Revenue Recovery Group of violating the federal Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA) by calling his cellphone without his permission and leaving pre-recorded messages that failed to identify HRRG as a debt collector.
The TCPA prohibits companies from contacting consumers on their cellphones without first obtaining express permission to do so, and bans them from using pre-recorded or automated messages.
The FDCPA protects consumers from abusive debt collection practices, including through misrepresentation or deceit, and requires companies to identify themselves as a debt collector.
Manno says in 2010 he received medical treatment in the emergency room at Memorial Hospital Pembroke where he was treated by an attending physician of fellow defendant Inphynet. During the admissions process, Manno filled out paperwork and provided his cell phone number to the hospital.
According to the class action lawsuit, Manno did not give permission for his cell phone number to be used for debt collection purposes; however, when he failed to pay his bill, Inphynet hired HRRG to do just that. The company allegedly left the following prerecorded voicemail message for Manno in which it failed to identify itself as a debt collector:
“This is HRRG calling. We look forward to helping you. Please return our call at 1-800-984-9115. Thank you.”
This was allegedly the standard message HRRG was using in June 2010 to contact consumers about alleged debt, according to the class action lawsuit.
U.S. District Judge Robert N. Scola Jr. on Wednesday rejected HRRG’s and Inphynet’s arguments that Manno lacks standing under the TCPA and FDCPA and certified a class of all Florida residents who received telephone messages from Healthcare Revenue attempting to collect debt but failing to disclose it.
The case is Stephen M. Manno, et al. v. Healthcare Revenue Recovery Group LLC, et al., Case No. 11-cv-61357, U.S. District Court for the Southern District of Florida.
Manno is represented by O. Randolph Bragg of Horwitz Horwitz & Associates and Donald A. Yarbrough.
Were you contacted by a debt collector on your cell phone? You may have a legal claim to seek compensation under the Telephone Consumer Protection Act. Consumer advocates are actively seeking victims of abusive debt collection practices under a class action lawsuit investigation. Learn more at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation.
Updated March 29th, 2013
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