OneSource Medical Supply Accused of Violating Telemarketing Laws with Repeated Calls

A woman is leading a TCPA class action lawsuit against OneSource Medical Supply, which is accused of placing illegal calls to her phone.

Plaintiff Frances K. Ewing says she has a cell phone that she uses as her home phone. Her phone number has been on the National Do Not Call Registry since Nov. 7, 2012.

Ewing claims OneSource Medical Supply called her at least twice on Sept. 8, 2017 to attempt to sell her diabetic supplies. Return calls to the displayed number are answered by live persons who had Frances’ name and address, she claims.

Frances is certain she has received numerous other calls from the same source, and asked OneSource Medical Supply to stop calling. Even though Frances did not consent to the calls and had no prior relationship with the business, she alleges the calls kept coming.

Plaintiff: OneSource Medical Supply Violated TCPA

The Telephone Consumer Protection Act (TCPA), enforced by the Federal Communications Commission, makes it illegal to call numbers on the National Do Not Call Registry. According to the law, do-not-call registrations must be honored indefinitely or until the consumer cancels the registration, or until a database administrator removes the number from the database.

The TCPA was enacted in 1991 to protect consumers from the growing industry of telemarketing. In 1992, procedures were added for companies to maintain company-specific do-not-call lists so that a consumer could ask to be taken off a call list upon the first call to their phone and that request would be honored.

In 2003, the TCPA established the National Do Not Call Registry. The updated law also restricted the use of autodialers and regulated caller ID information.

In 2012, the FCC determined that a prior business relationship was no longer allowed to be seen as consent to call the consumer. The law was also updated to require telemarketers to provide an interactive “opt-out” choice for the consumer to immediately halt the calls.

Frances alleges the unlawful calls she received from OneSource Medical Supply were annoying and harassing. The calls also caused her to use cell phone minutes and electricity that she wouldn’t have otherwise used. Additionally, the messages take time to retrieve, use phone memory and reduce battery life.

She claims that OneSource Medical Supply “either negligently or willfully violated the rights of” Frances and others by making or ordering the calls to be made. The TCPA lawsuit also alleges OneSource Medical Supply invaded the phone owners’ statutory right of privacy.

Proposed Class Members include residents who had their phone numbers registered with the National Do Not Call Registry and who received more than one solicitation phone call within any 12-month period from OneSource Medical Supply.

Whether or not the company “systematically made telephone calls to persons whose telephone numbers were listed on the National Do Not Call Registry” and whether OneSource Medical Supply violated the TCPA by doing so are the predominant questions common among the Class, according to this TCPA class action lawsuit.

The OneSource Medical Supply Lawsuit is Case No. 2:18-cv-10285-RHC-RSW in the U.S. District Court for the Eastern District of Michigan, Southern Division.

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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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