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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
At least one call a day (number made to look like local numbers) every day for 365 days or longer, yes I am on the do not call list, yes I have told them repeatedly to stop calling
I have been battling with this company the past two days. Refuse to stop calling me. How do I get added to the lawsuit?
Same thing is happening with me. They have been calling me 20-40 times daily even though I told them many times to remove my phone number and I do not consent to the calls. They use probably hundreds of different phone numbers. When this happens, they either hang up on the phone or they harass me verbally. I was even call ‘daddy’. It has been going on for over a week and as this is a business phone, I must answer the phone regardless not to loose business. Unbelievable that this can happen!
Make it stop I am losing business because I won’t answer my phone because of them!
They do t stop no matter what I do I’ve tried it all the are even using a friend of mines number that passed away! They will call at 830 at night this has to stop I’m missing important calls because of this
I’ve been called over 80 times in the last 48 hours
How do I stop it, they have called me forty times in less than 24hours!
I am currently receiving at least ten calls a day from this company National Health Enrollment Center I have told them repeatedly to stop calling me I feel like I’m being harassed
Add me please!! They’ve called me 84 times in three days!! They have been verbally abusive and when I ask to speak to a person in charge they hang up on me and then call me right back!! I started recording the calls so people can hear just how bad it is!
Oh my lord these people are unrelenting!!
I have received more than 30 calls over the past two days alone from an organization calling themselves “Health Enrollment Center” and when I asked them were they are based the rep said Boca Raton. I’m registered on the National and NYS Do Not Call lists and in every call I’ve received I’ve asked to be put on their Do Not Call list. sometimes they politely agree, sometimes they just hang up and most recently the reps have continued to talk over me and get verbally abusive to the point where I’ve hung up. Any ideas on how to get this to stop would be appreicated, as the calls are continuing.