Boston Scientific Class Action Says Seminar Phone Calls Violate TCPA

A Texas man launched a robocall class action lawsuit against Boston Scientific claiming the company advertised its spinal cord stimulator product to customers over the phone without their consent, violating the Telephone Consumer Protection Act.

Plaintiff Steven Sandoe alleges that he received a call from Boston Scientific in June 2018, saying it was from his “pain management doctor,” but was really a pre-recorded message from Boston Scientific, advertising educational seminars near him, that would inform him of “non-medication options to manage chronic pain.”

Sandoe says he received the calls despite the fact that his number is on a National Do Not Call Registry.

The plaintiff claims that he called back the number and apparently reached the voicemail for a Boston Scientific manager. According to Sandoe, he then received another call on July 6 which left the same pre-recorded message.

Sandoe states that the calls he received did not say that Boston Scientific was the caller, but the seminar website that was referenced in the call incorporated the Boston Scientific logo prominently. The website allegedly indicated that Boston Scientific owned a copyright on the webpage.

The Boston Scientific robocalls class action lawsuit says that Boston Scientific’s practice of calling consumers without their consent and leaving pre-recorded messages advertising their seminars violates the Telephone Consumer Protection Act, or the TCPA.

The Boston Scientific class action lawsuit argues that the seminars advertised in the phone messages the plaintiff received “are a direct to censure sales pitch by Boston Scientific for its products, such as the Spectra WaveWriter.”

Allegedly, the company’s practice of adverting products by phone violates the TCPA, which prohibits businesses from using telemarketing to advertise products or services without a customer’s consent.

The Boston Scientific telemarketing class action lawsuit argues that the TCPA prohibits businesses from calling consumers without their prior express consent, and that Boston Scientific did not seek the consumers’ consent before advertising the seminars.

Additionally, the Boston Scientific TCPA class action lawsuit says that the TCPA prohibits businesses from using prerecorded messages in contacting consumers, which Boston Scientific did in advertising the seminars.

Further, the plaintiff says that he was not the only consumer to receive the messages, and that the calls were made to hundreds, and possibly thousands of other consumers.

In his Boston Scientific TCPA class action lawsuit, he aims to represent two Classes of consumers — one Class of consumers, like him, whose numbers are listed on the National Do Not Call Registry, and one Class of consumers whose numbers are not listed.

Sandoe requests $500 for each phone call placed to be awarded to putative Class Members, and requests an injunction barring the company from further violating the TCPA.

The plaintiff says he was injured by Boston Scientific’s practice because the calls caused “annoyance, nuisance, and invasion of privacy,” as well as limited his enjoyment of his phone, causing him to use data and funds to receive the call, and caused unnecessary wear and tear on his phone.

Sandoe is represented by Jason R. Campbell, Stefan Coleman, and Avi R. Kaufman.

The Boston Scientific TCPA Violation Class Action Lawsuit is Sandoe v. Boston Scientific Corp., Case No. 1:18-cv-11826, in the U.S. District Court for the District of Massachusetts.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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