Diabetic Supply Company Focus of TCPA Lawsuit

Diabetic Supply Company Focus of TCPA Lawsuit

By Jessica Tyner

The Telephone Consumer Protection Act (TCPA) was signed in by Congress to protect people from telemarketing calls, texts and automated messages. Privacy was being breached, and it was important to shield residents from calls that oftentimes bordered on harassment. The nuances of the TCPA are great, and it can sometimes be difficult for consumers to figure out if they’re a victim or not.

There have been a slew of TCPA lawsuits filed recently against banks, debt collectors, restaurants and other companies, but most recently a diabetic supply company has been brought into the mix. Simplex Healthcare Inc. is a Nashville company that had been targeting Missouri residents with telemarketing calls. Missouri has a strict no-call law, but Simplex had been making over 500 calls a year to residents in the state, violating their rights and privacy. Simplex is the largest manufacturer of diabetic supplies in the U.S.

No More Phone-to-Phone

The CEO of Simplex, Doug Hudson, is also a party in the TCPA lawsuit. You might not think that a diabetic supply company would have much use for telemarketing at first blush, but Simplex is geared toward at-home supply delivery. The options include glucose meters, test strips, and medical supplies all made available through the company’s Diabetes Care Club.

Simplex is denying any wrongdoing, stating that it didn’t break any TCPA laws and was simply reaching out to consumers who had expressed an interest in the products or club. Overall, five complaints were made by Missouri residents who claimed that Simplex was trying to sell products, not trying to fulfill existing orders.

A Fine TCPA Line

Defining the difference between telemarketing and customer fulfillment can sometimes be a massive gray area. Simplex is adamant that it didn’t break TCPA laws because it’s not a telemarketing firm — it’s simply reaching out to existing customers or those who have expressed interest in becoming a customer. If that’s true, and the telemarketing methods weren’t automated, they’ll likely be in the clear. The TCPA lawsuit will focus on figuring out just what kind of calls these were and to whom they were placed.

It can be dangerous for a company to engage in any type of telecommunications outreach. The TCPA is there for a reason, and for some up-and-coming businesses the law can be easy to break. However, Simplex is an industry leader and should “know better,” according to some experts.

Have You Received Unwanted Telemarketing Calls or Texts?

For many people, it’s been awhile since they received telemarketing calls thanks to the TCPA and the national Do Not Call list. However, if you have received unwanted calls or texts, you might have a TCPA legal claim. This can be a challenge to figure out, but free help is available.

To find out if you have a TCPA claim, visit the TCPA Phone Call, Text Message Spam Class Action Lawsuit Investigation and get connected with a qualified expert. You can get a free TCPA claim review with no out-of-pocket costs to you.

Updated April 17th, 2013

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