Some customers of the Amerigroup insurance company report the company has been sending unsolicited text messages that could be in violation of federal law.
Amerigroup is a nationwide health plan serving Medicare and Medicaid recipients in eleven different states across the country.
The company has made a practice of communicating with policy holders via text message – for example, to remind customers to set up an appointment for their annual physical exam.
That system has reportedly been very successful in getting Washington state customers to comply with the physical exam requirement, and for the most part, those communications have been made after Amerigroup got the recipient’s consent to be contacted via text message.
Other Amerigroup customers, however, say they have been receiving Amerigroup text messages even though they know they never gave consent to be contacted that way.
Deterring Text Spam Under the TCPA
Even though Amerigroup already has an existing business relationship with its customers, sending them automated text messages without their express consent may violate a federal law known as the Telephone Consumer Protection Act, or TCPA.
The TCPA was first enacted to control unsolicited phone calls and faxes. Later amendments and interpretations by the Federal Communications Commission added new restrictions governing calls and text messages to mobile numbers.
Violations of the TCPA may put the violator on the hook for $500 to $1,500 in damages per violation.
Amerigroup Text Messages: With or Without Consent?
Generally, current FCC rules under the TCPA forbid the use of an autodialer to send unsolicited text messages to a mobile phone, unless the recipient has consented to receiving such messages or the message is sent for an emergency purpose.
Consent to receive autodialed texts of a commercial nature must be given in writing.
In June 2015, the FCC issued a declaratory ruling that addressed many types of communications covered by the TCPA. Several aspects of the ruling were in consumers’ favor, giving them greater protection from text spam and more control over their consent to receive it.
Within that ruling, the FCC clarified that a person who has consented to autodialed text messages may revoke that consent at any time and by any reasonable means. Even consent that by law had to be originally given in writing can now be revoked with an oral statement.
New Healthcare Exception
Elsewhere in the ruling, the FCC outlined an exception to the no text spam rule for healthcare-related messaging sent in cases where there is an “exigency” and where the message has a “healthcare treatment purpose.”
These messages may address matters like confirmations and reminders for healthcare appointments, lab results, reminders for wellness checkups, post-discharge follow-ups used to avoid readmission, and instructions for patients prior to hospitalization or following surgery.
The exception has many details, so not every text message about healthcare would necessarily qualify for it.
Even if the provider’s messages qualify for this exception, the provider must also offer the recipient with an easy way to opt out of receiving such messages, and they must immediately honor the recipient’s request to opt out.
Whether Amerigroup text messages qualify for this exception may take a judge’s decision to determine.
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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