Class Action Seeks Treble Damages vs. Pharmacy for Willful TCPA Violations

Defendant Exact Care Pharmacy sends prerecorded messages to individuals’ phone numbers “without first obtaining the required express written consent,” alleged plaintiff Brenda Everett’s Telephone Consumer Protection Act class action Wednesday (docket 4:23-cv-01649) in U.S. District Court for Middle Pennsylvania in Williamsport. The messages the Northumberland County, Pennsylvania, resident began receiving Aug. 8 included a prerecorded voice identifying itself as calling from Exact Care Pharmacy about “convenient, discreet, home delivery of your prescription medications,” said the complaint. Everett’s number has been listed on the national do not call registry since June 4, it said. The pharmacy’s unsolicited prerecorded messages caused Everett “additional harm, including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” it said. The calls also inconvenienced her and caused disruption to her daily life, it said. Because the defendant knew or should have known Everett and her putative class members hadn’t given prior express consent to receive the prerecorded calls on their phones, the court should treble the amount of statutory damages available to $1,500 for each knowing and willful TCPA violation, it said.