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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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64 thoughts onAmerica’s Health Center Harasses Consumers With Telemarketing Calls, Lawsuit Alleges
i’m easily getting 10 calls per day from this company. it’s been like a month now. i keep blocking the numbers because they’re “verified by the carrier” so they’re not being marked as spam, but they are using the whole phone book!! I’ve picked up the phone and asked them to take me off their list bc i already have health insurance 4 times and they just keep calling!! i’ve considered changing my phone number at this point, im so annoyed!! i didn’t even know what company this was bc they wouldn’t say, but today they messed up: they left me a voicemail and that’s how i got this website! i have a screenshot of the voicemail transcript, so i hope that can be useful to the process!
My experience is the same as so many people here. I get about 20 calls a day from America’s Health Center. I’ve asked them repeatedly to take me off whatever list they have. I’m also on the national do not call registry and they still call me incessantly. When I try to mention this they immediately hang up only to call again within 20 minutes. I’m tired of this. I’m even thinking of changing my number at this point.
I’ve rec’d thousands of calls and texts over the last 4 years.
It’s annoying to say the least. It’s distracting for people like me. My friends and family know not to call me during work hours unless it’s an emergency and then I ask them to call me through the work number this way I have record on company documents as a “just in case” measure. I’m a career mechanic who often is working on a broken down commercial vehicle on the side of the road of parking lot somewhere in town. I have customers who call me during the day and thier call are very important to me. Needless to say I’m going to answer the phone if I’m working on a client’s vehicle because it could be a return call I’m waiting for from a parts store or a dealership parts department. But when that call comes in and my phone doesn’t recognize it as a spam call I do my best to take the call. But when I’m stopped 10 times a day for these damned calls then I’m losing time and for me time is money. The sooner I finish one job the sooner I’ll finish another. That’s more m money. If I took a guess I’d say I’m likely loosing 10-15k each a year in lost (wasted) time and jobs because of these kind of calls. I’m on both the National and State No Call lists and I’m still pounded with these calls everyday. It’s 2 on and I’ve already had 13 calls like this. Smh
Some companies will buy up entire blocks of phone numbers from a third party so they can make their more efficiently via an auto dialer. Then they begin to call without regard for the law, your rights, your consent, nor with regard to when and what day they call.
Some of these companies buy up groups of phone numbers & use them to call you they sometimes will have thousands of them.
There are some companies and scammers who spoof, which the unauthorized, unlawful seizure & usage of another’s property without express written consent to do so.
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There is more to be said but
Yesterday alone, I received over 30 calls. They say they are from American Health Center and can help me with additional coverage of my Medicare benefits. The problem is, I’m not old enough to qualify for Medicare, so they end up hanging up on me when I tell them my age. I thought if I take the calls and tell them my age, they would stop calling me, but they don’t. I try spam blockers, and they continue to call from different numbers. I just don’t understand how they can be allowed to do this.
I also get calls repeatedly from a multitude of local numbers being spoofed. I have tried going through the process to talk to someone and tell them to stop calling me. It doesn’t work. It’s always been someone with an Indian/Pakistani accent on the other end of the line. They use the same recording of a high pitched young American woman’s voice at the beginning of every call and have space for you to answer in between the responses she gives. It’s infuriating because they always call in the middle of the day while I’m at work. I already have health insurance…so stop calling.
They called me today. I mentioned this class action lawsuit and my inclusion on the DNC registry.
health center keeps calling me after I repeatedly told them to stop calling me and that I don’t give permission to record me…
I’ve received calls from multiple numbers and have blocked them all just to receive more calls every day from different numbers.
I’ve been getting dozens of calls, mostly from Health Center, ever since I made the mistake of using a website to investigate life insurance. I’ve blocked dozens of calls, but they just keep calling from unblocked numbers multiple times per day. I would happily join a class action lawsuit.
Yes, I have been getting multiple calls per day, and even after repeated requests to remove they continue to call. The fact that this is harassing and should be illegal should not even be a question, it’s an invasion of privacy and is no different than someone pounding on my front door.