In a recent notable decision, a federal judge in Maryland rejected a bid by home health care supplier AdaptHealth to dismiss Telephone Consumer Protection Act (TCPA) claims. The defendant allegedly made unsolicited calls and texts to a plaintiff’s cellphone. The judge’s decision is in alignment with a growing consensus in courts that mobile phones should receive the same protections as landlines under TCPA.
The prospective class action lawsuit was initiated by one Rita Tessu against America’s Health Care at Home, a brand under which AdaptHealth operates. This company specializes in supplying medical equipment and administering respiratory therapy, and it was accused of infringing the Telephone Consumer Protection Act, specifically Section 227 (c)(5). This alleged infringement occurred when Tessu received an unsolicited marketing text message on her cellphone from AdaptHealth in April 2022. In response, Tessu sent a reply saying “stop” in an attempt to halt future messages, an opinion filed on August 17 by U.S. District Judge Stephanie A. Gallagher of the District of Maryland stated.
The contentious point at the heart of this lawsuit is whether a mobile phone can be considered a ‘residential telephone’ under the TCPA, thus qualifying for the Do-Not-Call Registry protections aimed at preserving the privacy rights of residential subscribers. AdaptHealth argued that a mobile phone could not fall in this category. Tessu disagreed with this standpoint, pointing out the 2003 FCC Order supports her view. Ultimately, the judge agreed with Tessu’s interpretation, enabling the case to advance.
For further details about this case, the full article can be found here.