Alleged Prerecorded and Automated Telemarketing Calls Made to Cellular Telephones to Promote and Sell Assured RX’s Products Without Prior Express Consent

On January 25, 2018, a class action lawsuit was filed against Assured RX LLC under the Telephone Consumer Protection Act (“TCPA”) and the Pennsylvania Telemarketer Registration Act, as a result of Assured RX’s alleged “practice of harassing consumers nationwide with automated and prerecorded telemarketing calls.”

According to the complaint, in September 2017, using a prerecorded voice, Assured RX placed several automated calls to the cellular telephone of the Plaintiff from telephone numbers (570) 660-9173, (570) 660-3074, (570) 660-1194, and (570) 660-3943.  During one such call in September 2017, Assured RX called Plaintiff’s cellular telephone, and when Plaintiff answered, she heard a prerecorded message that marketed some type of pain relief cream.  The prerecorded message did not, according to the complaint, identify the name of the company calling, did not provide a call back number, and the Plaintiff, after listening to the prerecorded message, was connected to an individual who was with “Pain Management Network.”

The Assured RX Class Action and Statutory Damages Sought

The class action lawsuit was brought on behalf of individuals who had not expressly consented in writing to receive a telephone call on their cellular telephone made through the use of an automatic telephone dialing system and/or an artificial or prerecorded voice.

Plaintiff and other members of the class seek, among other things, a minimum of $500 in statutory damages for each violation of the TCPA and treble, or triple, statutory damages of $1,500 for each knowing or willful violation of the TCPA.

Have You Received Unsolicited or Unwanted Robocalls on Your Cellular Telephone from Assured RX or Any Other Company?

If so, your rights under federal and state law may have been violated.  If you wish to speak with an attorney regarding your potential legal rights, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or e-mail [email protected].

Kehoe Law Firm, P.C.