Is Text Spam from Amerigroup Legal?

Amerigroup is under investigation for sending alleged text spam messages to its customers in a telemarketing campaign aimed at helping members book annual physical appointments.

Amerigroup, a wholly owned subsidiary of Anthem Inc., is a health insurance and managed health care provider that covers 7.7 million seniors, people with disabilities, low-income families and other state and federally sponsored beneficiaries.

Amerigroup also covers federal employees in 26 states, making it the nation’s largest provider of health care for public programs.

Not only did the Amerigroup text messages remind patients to schedule appointments for physical exams, preventive screenings, flu shots and vaccinations, it also connected patients to services and benefits available to them from Amerigroup.

While the national program was successful in that 71 percent of Amerigroup members remembered to go to their doctors, according to a study conducted about the program, the problem is not all Amerigroup members consented to receive text messages, which is a violation of the Telephone Consumer Protection Act (TCPA).

Consumer Information: Text Spam

Text spam messages are unsolicited and unwanted ads count against many consumers’ text message data plans.  In fact, these unwanted messages can be intrusive and costly.  FCC and FTC rules protect consumers through the Telephone Consumer Protection Act.

Under the TCPA regulations, the Federal Communications Commission (FCC) plays a crucial role in helping consumers stop unwanted calls, text messages and faxes. FCC rules address unsolicited telephone marketing calls and text spam – including those using automated and prerecorded messages.

Additionally, according to the Federal Trade Commission, sending unsolicited text messages from an auto-dialer — equipment that stores and dials phone numbers using a random or sequential number generator — is against the law unless the recipient gives consent prior to the receiving the text messages.

Are Amerigroup Text Messages Legal?

Bombarding people with thousands, and in some cases millions, of unsolicited text messages is not only an aggravating practice, but is also burdensome to our telecommunications systems and costly to Amerigroup members who may have a limited allowance of text messages per month.

In passing the TCPA, Congress clearly agrees.

TCPA regulations specifically state that each illegal text spam message carries a civil fine of between $500 to $1,500, depending on the willfulness of the misconduct. This is per text spam, not individual, so if you receive 3 unsolicited text spam messages, your damages could range from $1,500 up to $4,500.

Amerigroup Class Action Lawsuit Investigation

Attorneys are currently investigating claims that Amerigroup may have improperly sent text spam messages to members in violation of the TCPA.

In order to send text messages, Amerigroup members must have previously provided express consent to the health insurance providers.   However, many members are reporting that they never consented to receiving text messages from Amerigroup.

If you are receiving unwanted Amerigroup text messages, your consumer rights may have been violated under the Telephone Consumer Protection Act.  If so, Amerigroup might owe you restitution.

Join a Free Amerigroup Text Spam Class Action Lawsuit Investigation

If you received a text message (text spam) from Amerigroup insurance, you may be eligible for compensation under the Telephone Consumer Protection Act.

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