Class Action Investigation Targets Amerigroup Text Messages

Receiving text spam can be annoying, time-consuming, and expensive. But what if these text messages weren’t sent from a random company but from your own health insurance provider, Amerigroup?  Is it still illegal if you are enrolled in their health insurance plan?

According to Telephone Consumer Protection Act (TCPA) regulations, the answer is yes.

Amerigroup is an insurance provider that offers health care services through three government programs targeting different segments of the country’s lower income population: Medicaid, the Children’s Health Insurance Program (CHIP) and Medicare.

In 2015, Amerigroup Washington launched a highly successful text messaging campaign to notify members that their annual physical exam, recommended preventative screenings, or vaccinations were due and to encourage members to book these appointments.

While many Amerigroup members consented to receive Amerigroup text messages, many others have reported that they never opted in to receive text messages from the insurance provider, potentially making the messages a violation of the Telephone Consumer Protection Act.

What is the Telephone Consumer Protection Act?

More and more businesses, such as Amerigroup, are relying on automated telephone calls and text messages to reach their customers.

The Telephone Consumer Protection Act (TCPA) places restrictions on these solicitations and the use of automated telephone equipment. More specifically, the TCPA contains a variety of requirements that limit how and when a business can place phone calls and send text messages to reach customers.

Under TCPA regulations, sending text messages and autodialed calls to cell phones requires prior express consent from the recipient. In addition to affirmative opt-in consent, the particular type of consent needed depends on the message being delivered and the means of delivery.

Here is a breakdown of how the TCPA works:

The law, enforced by the FCC, is designed to protect consumers against unsolicited telemarketing calls, prerecorded messages, text messages, automated dialers and faxes.

Businesses found to be guilty of TCPA violations could be forced to compensate a person or entity either for actual monetary losses imparted by each TCPA violation or $500 (whichever sum is greater). A court could, however, increase the amount of the reward threefold if the defendant is found to have willingly or knowingly violated TCPA regulations.

Keep in mind that there are some exemptions to the TCPA that allow for unsolicited calls under certain circumstances. For instance, calls made for debt collection purposes are not considered TCPA violations if they are made by live agents.

It should also be noted that new TCPA rules recently went to effect that allow telephone service providers to offer robocall blocking solutions to consumers—a practice that was banned under previous TCPA laws. Consumers can also legally revoke call consent at any time.

Further changes to the TCPA include continual consent, meaning consent now carries over from a landline to a wireless phone when a consumer provides his or her number.

Furthermore, after a wireless number is reassigned to a different customer, a company can only make one unsolicited call to that number before additional calls are considered a violation of the TCPA.

Amerigroup Text Message Spam Class Action Lawsuit Investigation

Were you sent unsolicited text spam from Amerigroup insurance? You may have a legal claim.

If you received Amerigroup text messages that you did not consent to or if the insurance provider continued to text you after you revoked your authorization, they may have violated your rights under the Telephone Consumer Protection Act (TCPA).

If so, Amerigroup might owe you $500 to $1500 per text spam message.

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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