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Harassing Calls From Hospital Spark Class Action Lawsuit

February 27th, 2017 Lawsuits & Litigation 3 minute read
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Harassing Calls From Hospital Spark Class Action Lawsuit

Telemarketing calls can get irritating, and debt collectors can certainly be ruthless.  If one's information is leaked, the number of calls received can be overwhelming.  And, it can be especially frustrating if one has paid a debt, but records aren't kept up to date, so the calls keep flooding in despite efforts to get these to stop.  In this day and age, especially after the recession, companies do not take outstanding debts lightly.  But, when do mere reminder calls become downright harassing?Taneesha Crooks and Anthony Brown of San Diego filed a class action lawsuit against a local hospital, stating that they received harassing phone calls which violate the Telephone Consumer Protection Act (TCPA).  The act was passed by the United States Congress in 1991 and limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text message, and fax machines.  It also states that several technical requirements for fax machines, auto-dialers, and voice messaging systems -- with provisions requiring identification and contact information of the entity using the device to be contained in the messages.

Image Courtesy of Rady Children's HospitalImage Courtesy of Rady Children's Hospital

The plaintiffs and their attorneys, Abbas Kazerounian and Jason A. Ibey of Costa Mesa's Kazerouni Law Group APC, Daniel G. Shay of Law Office of Daniel G. Shay in San Diego and Joshue B. Swigart and Yana A. Hart of Hyde & Swigart in San Diego, seek all of the following in a resolution: a trial by jury, certify the case as a class action, designate class representative and counsel, injunctive relief, $500 in statutory damages for every violation, $1,500 in statutory damages for every knowing violation, and all equitable relief. The case is known as U.S. District Court for the Southern District of California Case number 17-cv-00246.The hospital has also been under heat for discriminatory treatment of a transgender teenager back in September.  The patient's mother took her son to the hospital in early April 2015 for suicidal ideation and to treat his serious self-inflicted injuries.  The mother claims she made it perfectly clear to the staff that her son must be treated as male for all purposes.  However, the hospital repeatedly referred to him as female.  The lawsuit was field in September 2016.  

Sources:

Two sue children's hospital over phone callsFamily Sues Rady Children’s Hospital-San Diego for Discriminatory Treatment of Transgender Teenager
Sara E. Teller

About Sara E. Teller

Sara is a credited freelance writer, editor, contributor, and essayist, as well as a novelist and poet with nearly twenty years of experience. A seasoned publishing professional, she's worked for newspapers, magazines and book publishers in content digitization, editorial, acquisitions and intellectual property. Sara has been an invited speaker at a Careers in Publishing & Authorship event at Michigan State University and a Reading and Writing Instructor at Sylvan Learning Center. She has an MBA degree with a concentration in Marketing and an MA in Clinical Mental Health Counseling, graduating with a 4.2/4.0 GPA. She is also a member of Chi Sigma Iota and a 2020 recipient of the Donald D. Davis scholarship recognizing social responsibility. Sara is certified in children's book writing, HTML coding and social media marketing. Her fifth book, PTSD: Healing from the Inside Out, was released in September 2019 and is available on Amazon. You can find her others books there, too, including Narcissistic Abuse: A Survival Guide, released in December 2017.

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