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Ensure Health Calls Numbers on DNC Registry ‘En Masse’: Class Action

Plaintiff Robert Reil listed his residential cellphone number on the national do not call registry Aug. 17, yet he received at least three solicitation calls from Ensure Health Group on Sept. 28, alleged Reil’s Telephone Consumer Protection Act class action…

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Monday (docket 3:23-cv-01167) in U.S. District Court for Middle Tennessee in Nashville. Reil never consented to receive the calls, which were placed to him for telemarketing purposes, said his complaint. “Because telemarketing campaigns generally place calls to thousands or even millions of potential customers en masse,” the Tennessee resident brought the action on behalf of a proposed nationwide class of other people who received illegal telemarketing calls from or on behalf of Ensure, it said. Reil and the other call recipients were harmed by these calls, it said. “They were temporarily deprived of legitimate use of their phones because their phone lines were tied up during the telemarketing calls and their privacy was improperly invaded,” it said. Ensure’s TCPA violations “were negligent, willful, or knowing,” it said.