America’s Health Center Harasses Consumers With Telemarketing Calls, Lawsuit Alleges

A class action lawsuit claims America’s Health Center illegally placed telemarketing calls to consumers without their consent.

The lawsuit, filed May 17 in federal court in Florida, alleges the Boca Raton-based company — which describes itself on its website as a “nationwide enrollment center for individuals or families searching for affordable health coverage” — made repeated, unsolicited calls to the two lead plaintiffs on the case, Andrea Audish of Texas and Lisia Hall of Florida, in violation of the Telephone Consumer Protection Act (TCPA).

Both plaintiffs’ telephones are on the National Do Not Call Registry, but nevertheless, America’s Health called Audish twice and Hall no fewer than seven times during April 2021, the lawsuit states, with the intention of selling health insurance policies to both.

Hall even made clear “during multiple calls” that she was not interested, but continued to receive the calls anyway, the class action alleges. Neither of the plaintiffs gave America’s Health prior written consent to receive the telemarketing calls, nor did they have prior communication or a prior relationship with America’s Health.

The plaintiffs are seeking certification of a nationwide Class consisting of anyone whose phone number was on the National Do Not Call Registry, but still received multiple telemarketing calls in a 12-month span from America’s Health at any point in the four years prior to the filing of the lawsuit.

“Plaintiffs and all members of the Class have been harmed by these acts of the Defendant, including, but not limited to, the invasion of their privacy, annoyance, waste of time, the use of their telephone power and network bandwidth, and the intrusion on their telephone that occupied it from receiving legitimate communications,” the lawsuit says.

The exact size of the proposed Class is unknown, but the lawsuit speculates that “at minimum” there are hundreds of consumers who were subjected to illegal calls by the defendant.

The plaintiffs are asking for injunctive relief to prevent America’s Health from making telemarketing calls to phone numbers on the Do Not Call Registry in the future, along with statutory monetary damages of $500 per TCPA violation and $1,500 for each “willful or knowing” violation.

Have you received telemarketing calls from a company without giving consent? Let us know in the comments section!

Audish and Hall are represented by Avi R. Kaufman and Rachel E. Kaufman of Kaufman P.A.The America’s Health Center Telemarketing Class Action Lawsuit is Audish and Hall v. America’s Health Center Inc., Case No. 9:21-cv-80879, in the U.S. District Court for the Southern District of Florida.

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