Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Hale v. Teledoc Health Inc.

Defendant Not Vicariously Liable for Calls Violating TCPA; Agency Relationship Not Shown

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Plaintiffs April Hale and Len Cline bring this putative class action against Teledoc Health, Inc. (“Teledoc”), alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. §227 (“TCPA”). Plaintiffs claim Teledoc contracted with Health Insurance Innovation, Inc. (“HII”), to market Teledoc’s services by calling consumers without the consumers’ consent. Now pending is defendant’s motion to dismiss pursuant to Rule 12(b)(6), or in the alternative, to stay the action. (Doc. #17).1 For the reasons set forth below, the motion to dismiss is GRANTED. The motion to stay is DENIED as moot. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §1331. BACKGROUND For the purpose of ruling on the motion to dismiss, the Court accepts as true all well pleaded factual allegations in the complaint and draws all reasonable inferences in plaintiffs’ favor, as set forth below. Plaintiffs April Hale and Len Cline placed their cell phone numbers on the national “Do Not Call” registry (“DNC Registry”), a directory of consumers who “opted out” of future telemarketing calls. (Doc. #1 (“Compl.”)

38, 67). Plaintiffs allege that, despite their numbers appearing on the DNC Registry, they received numerous prerecorded phone calls from multiple phone numbers between March 2018 and July 2019. Plaintiffs both became frustrated with the calls they received, and they each answered at least one call specifically to opt out of receiving future calls. Plaintiffs claim they both asked a live agent — as opposed to a prerecorded message or response system — to stop calling them. They also claim to have pressed buttons to opt out of future calls in response to prompts from prerecorded response systems. (Compl.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Public Notice - U.S. Magistrate Judge Reappointment -- California

U.S. District Court for the Northern District of CaliforniaThe current term of office for United States Magistrate Judge Susan van Keulen in...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements