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Rater8 Patient Satisfaction Survey Class Action Lawsuit Overview:
- Who: Rater8, a Raters LLC company
- Why: Rater8 is being sued for violating the Confidentiality of Medical Information Act and Telephone Communication Protection Act for texting a patient satisfaction survey.
- Where: Southern California
A company that sends text messages to patients to rate their experiences with their doctors is calling on California state and district courts to dismiss almost identical class action lawsuits filed against it by a patient alleging his medical and individually identifiable information was used by the agency without his consent.
Raters LLC, which owns Rater8, called on the courts to dismiss both cases saying the plaintiff Robert Wilson was trying to circumnavigate both courts with his identical class action lawsuits – one in the Superior Court of San Diego and the other in the District Court of Southern California.
The class action lawsuits stem from a single text Wilson received after seeing Dr. Larry D. Dodge, M.D., based out of the San Diego Orthopedic Associates Medical Group, according to the lawsuits and the motion for dismissal. Wilson was in an automobile collision and saw Dodge for an independent medical evaluation as part of a separate lawsuit.
Rater8 in Violation of Confidentiality of Medical Information Act, Lawsuit Claims
Wilson claims in both class action lawsuits that Rater8 and unnamed defendants violated the Confidentiality of Medical Information Act and the Telephone Communication Protection Act, along with state business codes, by sending him a text message after the appointment asking him to survey his doctor, without him giving prior consent.
However, according to Rater8, Wilson purposefully did not file a Confidentiality of Medical Information Act claim against the company in his complaint, even though he alleged this claim against all other defendants. He also violated local rules by failing to file a notice of a related case and its new case is simply wasting “judicial effort and other economies” the defendants claim.
The defendants believe the plaintiff is “using his refiled UCL and CMIA claims as a way of prematurely seeking discovery and otherwise wasting court and party resources,” the motion to dismiss reads.
Wilson argues in both class action lawsuits, originally filed in August 2020, that Rater8 violated state and national laws by sending him the text message after his appointment, as he had not given written consent to share his medical and individually identifiable information with Rater8 or allowed Raters to use his identifiable information for marketing purposes.
The plaintiff “did not provide his express written consent to receive text messages from any defendant,” the Superior Court claim reads.
The text message sent to Wilson read: “Hello, you recently visited Larry Dodge. Please provide your rating: https://x.rater8.com/umg3sy.”
Wilson said Raters8 received medical information, including the class’ names, cellular telephone numbers, treating physician names, and medical treatment for at least four years prior to the filing of the claims.
Wilson is suing for violations of the Confidentiality of Medical Information Act, Telephone Communication Protection Act, and unlawful business acts and practices in violation of California Business & Professions Code. He seeks damages, attorneys fees and costs, an order of enjoinment, and a jury trial.
Do you think Wilson should be able to file the two lawsuits in state and district court? Tell us your thoughts in the comments section!
Wilson is represented by Patrick N. Keegan of Keegan & Baker, LLP and Robert A. Waller Jr. of Law Offices Of Robert A. Waller, Jr.
The Rater8 Text Message Class Action Lawsuits are Wilson v. Rater, LLC, et al. in Superior Court of the State Of California for the County of San Diego, and Wilson v. Rater, LLC, et al. in U.S. District Court Southern District Of California
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One thought on Rating Company Calls on California Courts to Dismiss Confidentiality of Medical Information Class Action Lawsuits
I have received texts and emails for doctor reviews