TCPA Suit Prescription Reminder Calls Dismissed Under "Emergency Purposes" Exception
Last week, the Northern District of Ohio dismissed a Telephone Consumer Protection Act (TCPA) case filed against CVS Health Corp., Lindenbaum v. CVS Health Corporation. The plaintiff sued CVS for placing at least six prerecorded prescription reminder calls to her cell phone, for which she allegedly had not provided prior express consent. She asserted that the calls were likely meant for the previous subscriber of the cell phone number, which had recently been reassigned to her.