This class action lawsuit claims that Optum360 illegally sent advertisements to consumers with whom there was no established relationship via fax machine without consent.
The plaintiff in this lawsuit, Robert W. Mauthe, M.D., P.C. is a private medical practice in Center Valley, Pennsylvania. This plaintiff has not ever had an established business relationship with Optum360. In October 2015, Optum360 sent the plaintiff advertisements using a fax machine. The advertisement was a one-page document about the “2015 Optum360 Essentials Conference,” an education/training program available for purchase from Optum360’s website, optumcoding.com. The website’s domain is now optum360coding.com. The advertisement contained Optum360’s name, address, website, and contact information.
The Telephone Consumer Protection Act (TCPA) was enacted by Congress in 1991 to protect consumers from telemarketers and other companies mass marketing through phones. As amended by the Jun Fax Prevention act of 2005, the TCPA prohibits a person or entity from faxing or having some agent fax advertisements without the recipient’s prior express invitation or permission.
Robert W. Mauth is not the only individual who has received junk faxes from Optum360. At least 39 other individuals and businesses have come forward confirming Mauth’s allegations. Optum360’s actions have tangible consequences for consumers. Unsolicited faxes tie up the telephone lines, prevent fax machines from receiving authorized faxes, prevent their use for authorized outgoing faxes, cause undue wear and tear on the recipients' fax machines, and require additional labor to attempt to discern the source and purpose of the unsolicited message. The recipient of a "junk" fax loses the use of its fax machine, and many lose their paper and ink toner in printing the fax. Such an unsolicited fax interrupts the recipient's privacy. A junk fax wastes the recipient's valuable time that would have been spent on something else.
Based on the facts of the case, the plaintiff in this lawsuit alleges that Optum360 violated the TCPA by sending unsolicited junk faxes.