A federal judge in Maryland denied a home health care supplier’s motion to dismiss Telephone Consumer Protection Act claims against it for allegedly making unsolicited calls and texts to a plaintiff’s cellphone, finding wireless phones are entitled to similar protections as residential phones.
Rita Tessu filed a prospective class action lawsuit against AdaptHealth, doing business as America’s Health Care at Home, a medical equipment and respiratory therapy company, for allegedly violating the Telephone Consumer Protection Act, 47 U.S.C. Section 227 et. seq., specifically Section 227 (c)(5). After receiving one of AdaptHealth’s marketing text messages on her cellphone in April 2022, Tessu replied “Stop,” in order to stop receiving additional messages, according to an opinion filed Aug. 17 by U.S. District Judge Stephanie A. Gallagher for the District of Maryland.