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Exact Sciences Faces $500 per Call TCPA Class Action Lawsuit

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Exact Sciences Faces $500 per Call TCPA Class Action Lawsuit

Exact Sciences Corporation, a prominent player in the field of cancer screening and diagnostics, finds itself at the center of a class action lawsuit. The plaintiffs, Ralph Escava and Christopher Atkins, allege that the company has been making unsolicited calls, violating the Telephone Consumer Protection Act (TCPA).

What Does the TCPA Say?

The TCPA is a federal law that prohibits the use of an automated telephone dialing system (ATDS) to make non-emergency calls to cellular telephone numbers without the recipient's prior express consent. This law was enacted to safeguard consumers from unwanted and intrusive calls.

In this case, the plaintiffs claim that Exact Sciences used an ATDS to place calls to their cellular devices without their consent. Such calls are alleged to have been prerecorded and lacked human interaction, further supporting the assertion of ATDS use.

Moreover, the TCPA also provides protection to individuals who have explicitly requested not to be called. The plaintiffs allege that Exact Sciences violated this provision as well, by continuing to call them despite their requests to the contrary.

What Led to the Lawsuit?

According to the plaintiffs, Exact Sciences embarked on a wide-scale telemarketing campaign, during which it allegedly made unsolicited calls to numerous individuals. These calls, the plaintiffs claim, were made using an ATDS and contained prerecorded messages.

The plaintiffs further allege that there was a noticeable pause before the prerecorded message began, a common characteristic of calls made using an ATDS. This, they assert, is a clear violation of the TCPA.

Despite requesting to be removed from the call list, the plaintiffs claim that Exact Sciences continued to call them, further violating the TCPA. This alleged disregard for their express wishes led the plaintiffs to file the lawsuit.

Who Are the Class Members?

The lawsuit proposes two classes: the National Telemarketing Class and the ATDS Class. The National Telemarketing Class includes all persons within the United States who allegedly received a call from Exact Sciences in which an artificial or prerecorded voice was played. The ATDS Class, on the other hand, includes all persons in the United States who allegedly received a call from Exact Sciences that used an ATDS to play a prerecorded message.

The plaintiffs assert that the proposed classes are numerous, suggesting that a class action is the most efficient method for adjudicating the claims. They also claim that they will fairly and adequately represent the interests of the proposed classes.

How Much Is at Stake?

The lawsuit seeks monetary damages, including $500 for each violation of the TCPA. In cases where the violations are found to be knowing and willful, the plaintiffs are seeking up to treble damages.

In addition to monetary damages, the plaintiffs are also seeking injunctive relief to prevent future violations by Exact Sciences. They are also requesting certification of the class action, the appointment of counsel for the classes, and an award of attorneys' fees and costs.

The plaintiffs have demanded a trial by jury for any issues triable of right, indicating their confidence in the strength of their case.

What Could Be the Next Steps?

As the case progresses, Exact Sciences will likely present its defense and challenge the allegations. If the class action is certified, the case could potentially impact a large number of individuals who have allegedly received similar calls from the company.

Given the potential for significant monetary damages and injunctive relief, this case will be closely watched by both legal and business communities. It serves as a reminder of the importance of compliance with telemarketing laws and regulations.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    3:23-cv-00448
  • Filing Date:
    July 5, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Wisconsin
  • Court:
    Wisconsin Western District
  • Plaintiff:
    Ralph Escava; Christopher Atkins
  • Defendant:
    Exact Sciences Corporation
  • Plaintiff Firm:
    Hansen Reynolds, LLC
  • Defendant Firm:
  • Claims Administrator:
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Will Gendron
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