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Class Actoin Alleges Platinum Choice Health Care Violated Telemarketing Laws

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Class Actoin Alleges Platinum Choice Health Care Violated Telemarketing Laws

A class action lawsuit has been filed against Platinum Choice Health Care LLC. The plaintiffs, Robert Kouveras, Karen Allen, and Karen Webster, allege that the defendant violated the Telephone Consumer Protection Act (TCPA), the Florida Telephone Solicitation Act (FTSA), and the Virginia Telephone Privacy Protection Act (VTPPA) by making unsolicited telemarketing calls to numbers on the National Do Not Call Registry.

Are the Laws in Place to Protect Consumers?

The TCPA, FTSA, and VTPPA are all designed to protect consumers from unwanted telemarketing calls. The TCPA prohibits the use of automated systems to make telemarketing calls without prior consent, while the FTSA and VTPPA specifically prohibit such calls to numbers on the National Do Not Call Registry. The plaintiffs argue that the defendant's actions violated these laws and infringed upon their privacy.

"The defendant's telemarketing calls were unsolicited and made without their prior express written consent," the plaintiffs claim in the complaint. They also allege that the calls were made using automated systems for the selection and dialing of telephone numbers, which is a violation of the TCPA.

What Led to the Lawsuit?

The plaintiffs provide specific examples of the telemarketing calls they received, including dates and Caller ID numbers. They claim that these calls were not only annoying and harassing, but also wasted their telephone power and network bandwidth. The plaintiffs argue that these calls were made without their prior express written consent, which is required under the TCPA, FTSA, and VTPPA.

"The defendant's actions violated their privacy, caused annoyance and harassment, and wasted their telephone power and network bandwidth," the plaintiffs assert in the complaint. These allegations form the basis of the lawsuit.

Who Are the Class Members?

The proposed classes in this lawsuit include the Florida Telephone Solicitation Act Autodial Class, the Florida Telephone Solicitation Act Do Not Call Registry Class, the Virginia Telephone Privacy Protection Act Do Not Call Registry Class, and the Telephone Consumer Protection Act Do Not Call Registry Class. The plaintiffs argue that the class action mechanism is the most efficient and fair way to adjudicate the claims of these class members.

"Individualized litigation would be burdensome, costly, and could result in inconsistent judgments," the plaintiffs contend in the complaint. They believe that class treatment would ensure consistent adjudication of the defendant's liability and provide benefits such as single adjudication, economy of scale, and comprehensive supervision by a single court.

What Damages Are the Plaintiffs Seeking?

The plaintiffs are seeking a minimum of $500 in damages for each violation of the TCPA, FTSA, and VTPPA. They also request an injunction to prevent future telemarketing calls to numbers on the National Do Not Call Registry. The total amount of damages sought, if not explicitly stated in the complaint, would be at least five million dollars.

"The plaintiffs request a jury trial for all claims of the complaint that are triable by jury," the complaint reads. This indicates the seriousness of the allegations and the potential financial impact on the defendant.

What Could Be the Next Steps in the Case?

The next steps in the case will likely involve a response from the defendant and possibly a motion to dismiss the lawsuit. If the case proceeds, it could go to discovery, where both sides gather evidence to support their claims. A trial could follow, unless the parties reach a settlement before that.

Regardless of the outcome, this case serves as a reminder of the importance of complying with laws designed to protect consumers from unwanted telemarketing calls. It also underscores the potential financial and reputational risks companies face when they allegedly violate these laws.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    9:23-cv-80964
  • Filing Date:
    June 26, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Florida
  • Court:
    Florida Southern District
  • Plaintiff:
    Robert Kouveras
  • Defendant:
    Platinum Choice Health Care LLC
  • Plaintiff Firm:
    Murray Murphy Moul + Basil LLP
  • Defendant Firm:
  • Claims Administrator:
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Will Gendron
Will Gendron
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