Judge Upholds Class Certification in Debt Collector TCPA Lawsuit

Judge Upholds Class Certification in Debt Collector TCPA Lawsuit

By Anne Bucher

On May 30, 2013, U.S. District Judge Robert N. Scola, Jr. rejected Healthcare Revenue Recovery Group’s motion to reconsider a decision to certify a class action lawsuit accusing the debt collection agency of violating the Telephone Consumer Protection Act (TCPA). The TCPA, passed by Congress in 1991, is a law designed to restrict the use of telephone solicitations and automated dialing equipment. The law requires debt collectors to identify themselves with every phone call, even if the recipient is already aware that the caller is a debt collector.

Lead plaintiff Stephen Manno sued Healthcare Revenue Recovery Group (HRRG) in 2011. Manno alleges in the class action lawsuit that he received medical treatment in the emergency room of Memorial Hospital Pembroke. As part of the admissions procedure, he completed the required paperwork and provided his mobile phone number to the hospital. According to Manno, he did not expressly consent to a debt collection agency using his telephone number for debt collection purposes.

While at the hospital, Manno was treated by an attending physician of Inphynet, the hospital operator. The physician was an agent of the hospital. Medical services provided by Inphynet are billed through Health Care Financial Services (HFCS). When bills are not paid, HCFS refers the patients to HHRG, a debt collection agency.

HRRG Left a Prerecorded Message, Failed to Identify Itself as Debt Collector

Because Manno did not pay for his treatment, his medical debt was referred to HRRG for collection. In an effort to collect the hospital debt, HRRG contacted Manno at the telephone number he had provided during the admissions process. However, this phone number was not Manno’s phone number. The mobile phone number was in the name of Shantal Surprenant, Manno’s girlfriend at the time. Manno and Surprenant are now married.

Manno claims in the class action lawsuit that HRRG left a message on Surprenant’s phone on June 2010. The message was a prerecorded voicemail message that HRRG regularly used to contact consumers. In the prerecorded message, HRRG failed to identify itself as a debt collector.

In his order, Judge Scola wrote that HRRG is not entitled to reconsideration in this case. Specifically, “[r]econsideration is appropriate in very limited circumstances, none of which are presented here.”

 In this case, HRRG had already brought up its concerns about class certification and Judge Scola had already made the determination that a class certification was appropriate. Judge Scola found that the plaintiffs had satisfied the commonality requirement to proceed as a Class in a ruling issued March 26, 2013.

The certified Class includes all patients who provided Florida addresses at the time they were admitted into the hospital and received prerecorded messages from HRRG.

If you received unsolicited phone calls or text messages, you may be entitled to compensation. Each TCPA violation carries a $500 fine. This penalty increases to $1,500 for each willful violation of the TCPA. To learn more about your legal rights, visit our Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. If you submit information about your TCPA violation, an attorney will conduct a free case evaluation to determine whether you qualify to join a TCPA lawsuit.

Updated June 10th, 2013

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