Class Action Lawsuit Against Florida Debt Collection Agency Certified

Class Action Lawsuit Against Florida Debt Collection Agency Certified

By Courtney Coren

A federal judge has certified a class action lawsuit filed against a medical debt collection agency in Florida. The man filing the lawsuit claims that they agency used his cell phone illegally, violating his rights under the Telephone Consumer Protection Act (TCPA), and violated the Fair Debt Collection Practices Act (FDCPA) when it left an illegal message.

The TCPA class action lawsuit was brought by Stephen Manno. He says filled out paperwork, including his cellphone number, while he was receiving treatment in the emergency room at Memorial Hospital Pembroke in Pembroke Pines, Florida. While there, he was treated by a doctor that belonged to the hospital’s operator, Inphynet. What Manno didn’t know was that his cell phone number would be given to the hospital’s debt collection agency to use — something that he claims he did not consent to.

Inphynet uses an outside source called Health Care Financial Services (HCFS) to do the billing for the hospital, and if the bill is not paid, it is then sent to collections with Healthcare Revenue Recovery Group (HRRG).

When Manno became delinquent in paying for the medical services he received, the bill was assumed by HRRG for collections. HRRG used the cellphone number provided to them in their attempt to collect the debt he owed to the hospital.

Manno received a cell phone message in his voice mail box on June 17, 2010 from HRRG, but the message did not identify that it was a debt collection agency. According to the class action lawsuit, the message simply said:

“This is HRRG calling. We look forward to helping you. Please return our call at 1-800-984-9115. Thank you,” the message said.

Manno filed the class action lawsuit against both HRRG and Inphynet on June 15, 2011, seeking class certification for other consumers who received similar debt collection messages on their cell phones.

On March 26, 2013, U.S. District Judge Robert N. Scola Jr. ruled that the TCPA lawsuit met all the prerequisites for class action certification.

Manno is alleging HRRG violated the TCPA when it used his cellphone number without direct consent. He is also alleging the company violated the FDCPA when the agency left its message and did not disclose that it was a debt collector.

All Florida residents that HRRG left that message for may participate in the TCPA/FDCPA class action lawsuit, unless they gave consent for the number to be used before the calls were made.

The class action lawsuit case is Stephen M. Manno, et al. v. Healthcare Revenue Recovery Group LLC, et al. in the U.S. District Court for the Southern District of Florida.

If you or someone you know received unsolicited cell phone calls or text messages, legal options are available. Learn more and get a free legal consultation regarding a claim’s eligibility at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. Experienced legal professionals are available to determine if you have case, so act now.

Updated April 29th, 2013

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