Humana Can’t Hide Behind Vendor That Violated TCPA, Says Class Action

Humana hired Healthhubb, a telemarketing vendor, to make incessant insurance solicitation calls to Chicago resident Antionette Woodard, though her number was listed on the national do not call registry since Sept. 25, said her class action Friday (docket 1:23-cv-00979) in U.S. District Court for Northern Illinois to enforce the consumer-privacy provisions of the Telephone Consumer Protection Act. “Because telemarketing calls can be made to thousands or even millions of individuals,” Woodard brings this action on behalf of a proposed nationwide class of other persons who received similar calls from Humana, said her complaint. For more than 20 years, the FCC has explained that its rules generally establish that the party on whose behalf a solicitation is made bears ultimate responsibility for any violations, said the complaint. Humana also “ratified” Healthubb’s wrongful conduct “by accepting the benefits of Healthubb’s calling activity,” it said. Woodard and members of the proposed class are “entitled to and do seek injunctive relief prohibiting Humana from making telemarketing calls (whether directly or via agents)” to numbers on the DNC registry, except for emergency purposes, said the complaint. Humana didn’t comment Friday.