Humana to Seek Dismissal of TCPA Class Action for Lack of Personal Jurisdiction

Humana plans to file a motion by Monday to dismiss plaintiff Antionette Woodward’s Telephone Consumer Protection Act putative class action for lack of personal jurisdiction, said Woodward and Humana in a joint status report Thursday (docket 1:23-cv-00979) in U.S. District Court for Northern Illinois in Chicago. Woodward alleges Humana is vicariously liable for the incessant insurance solicitation calls its third-party telemarketing vendor, Healthhubb, made on Humana’s behalf to her cellphone, though her number was listed on the national do not call registry since Sept. 25 (see 2302170038).

Humana also plans to file a motion “seeking to bifurcate discovery to focus first on the issue of vicarious liability,” said the status report. Humana determined “it has no relationship whatsoever” with Healthubb, so it can’t be held “vicariously liable for Healthubb’s actions,” it said. “Humana submits that this question should be resolved before the parties are forced to expend significant resources on class discovery.”

From Woodward’s perspective, “locating and securing records of the calling to members of the putative class is a primary factual issue, as is whether Humana claims that the calls were made with the consent of members of the putative class,” said the status report. Humana’s vicarious liability for the calls “is a central legal issue in the case,” it said.

From Humana’s perspective, the key issues in the case include whether the Northern District of Illinois has jurisdiction over Humana, and whether Humana “can be held vicariously liable for the conduct of any other parties or entities” when it never contacted Woodward itself, said the status report. Other key issues include whether Woodward gave Healthubb her consent to receive the calls at issue, and whether a class can be certified against Humana when Humana had no contact with Woodward or her “TCPA litigation history,” it said. Healthubb has been served, but hasn't appeared, it said.

The parties propose completing fact discovery by Dec. 15 and expert discovery by March 22, said the status report. April 19 is the proposed deadline for completing class certification, but no trial date is proposed, it said. Woodward hasn’t requested a jury trial, it said. The parties estimate trial will last a day or two if the complaint is tried as an individual case, it said. Trial will extend for one or two weeks if the case is tried as a class action, it said.

Woodward and Humana discussed settlement, but were unable to resolve their dispute “at this time,” said the status report. Woodward believes a settlement conference would be premature, and she’s “not yet ready for mediation,” it said. She’s also not interested in pursuing arbitration, it said.