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Hale v. Teledoc Health Inc.

Defendant Not Vicariously Liable for Calls Violating TCPA; Agency Relationship Not Shown

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OPINION AND ORDER Plaintiffs April Hale and Len Cline bring this putative class action against Teledoc Health, Inc. (“Teledoc”), alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. §227 (“TCPA”). Plaintiffs claim Teledoc contracted with Health Insurance Innovation, Inc. (“HII”), to market Teledoc’s services by calling consumers without the consumers’ consent. Now pending is defendant’s motion to dismiss pursuant to Rule 12(b)(6), or in the alternative, to stay the action. (Doc. #17).1 For the reasons set forth below, the motion to dismiss is GRANTED. The motion to stay is DENIED as moot. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §1331. BACKGROUND For the purpose of ruling on the motion to dismiss, the Court accepts as true all well pleaded factual allegations in the complaint and draws all reasonable inferences in plaintiffs’ favor, as set forth below. Plaintiffs April Hale and Len Cline placed their cell phone numbers on the national “Do Not Call” registry (“DNC Registry”), a directory of consumers who “opted out” of future telemarketing calls. (Doc. #1 (“Compl.”)

38, 67). Plaintiffs allege that, despite their numbers appearing on the DNC Registry, they received numerous prerecorded phone calls from multiple phone numbers between March 2018 and July 2019. Plaintiffs both became frustrated with the calls they received, and they each answered at least one call specifically to opt out of receiving future calls. Plaintiffs claim they both asked a live agent — as opposed to a prerecorded message or response system — to stop calling them. They also claim to have pressed buttons to opt out of future calls in response to prompts from prerecorded response systems. (Compl.

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