TCPA Class Action Filed Against HCA Healthcare

After receiving debt collection calls in December 2018 from the Valley Health System, plaintiff Regina Bailey filed a putative class action against HCA Healthcare, operator of the Valley Health facility in the District of Nevada, alleging violations of the Telephone Consumer Protection Act (TCPA).

The putative class described in the complaint covers anyone who has received a non-emergency call to their cell phone featuring an automated voice from the defendant, as long as they did not provide consent. These types of calls, the complaint says, violate the TCPA.

The class period extends to four years prior to the filing of the action on Monday. The complaint did not specify a number of potential class members, but estimated that it could be in the thousands.

The plaintiff herself said she began receiving calls with an automated voice, instructing a person other than the plaintiff to call a line to receive an important message on behalf of Valley Health System. The plaintiff alleged that this caused them harm, and that the defendant “regularly places debt collection calls to consumers using prerecorded messages identical or similar to the prerecorded message above.” Bailey said she never had an account with the defendant.

The plaintiff is seeking a judgment of $500 for each negligent violation of the TCPA, or $1,500 for wilful ones. They are also seeking an injunction blocking the defendant from making similar calls, class certification, and costs. The plaintiffs are represented by Kazerouni Law Group.