Hicks v. Health Insurance Innovations, Inc. (U.S. District Court, District of New Jersey, Case No. 1:17-cv-03344)

In a class action complaint, Lemberg Law is representing Amandra Hicks, who is suing Health Insurance Innovations, Inc. for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Health Insurance Innovations, Inc. robocalled Ms. Hick’s cell phone without her consent, trying to reach someone she didn’t know.

Health Insurance Innovations, Inc. offers short-term and long-term and limited medical plans, and operates a cloud-based platform to facilitate the sale, billing, and collection of insurance plans and premiums. The complaint outlines that Health Insurance Innovations, Inc. uses an automatic telephone dialing system to robocall consumers’ cell phones. It alleges that, as part of its collections operation, Health Insurance Innovations operates an aggressive contact schedule that bombards unsuspecting consumers with robocalls and prerecorded messages.

When the company called Ms. Hicks, they were calling for a person she did not know. They robocalled her at least 16 times over a four-week period. On multiple occasions, Ms. Hicks told Health Insurance Innovations that they had a wrong number and to stop calling her. On one occasion, the representative told her that her number would be placed on an internal do-not-call list, and that she would not be called again. Nevertheless, the calls persisted.

Typically, Ms. Hicks would hear a period of silence and a pop or clicking noise prior to being routed to a live agent. According to the complaint, this is a hallmark of an automated dialer. Health Insurance Innovations also uses a blend of artificial and prerecorded messages. Here’s an example from one of the calls:

“Hi. I’m Susan in customer service with Health Insurance Innovations calling [NAME] regarding a monthly payment on principal advantage. We need to update your account so your monthly payment will process. Please, call me toll-free at 877-376-5831 during weekdays during 8:30 a.m. to 7:30 p.m. Eastern Standard Time. Just ask for Susan. Please don’t delay. Keep your benefits active. Thank you.”

The proposed classes of people represented are those in the U.S. who, between May 11, 2013 and May 11, 2017, received Health Insurance Innovations cell phone robocalls; and those who received Health Insurance Innovations cell phone robocalls with an artificial or prerecorded voice.