In early 2012, Robert Kolinek received an automated call on his cell phone from Walgreens reminding him to refill an eligible prescription. Despite the fact that even the plaintiff’s lawyers ultimately acknowledged that these calls ‘‘arguably benefited the called parties by providing time-sensitive medical notifications,’’ Kolinek filed a class action lawsuit alleging that the calls violated a federal statute known as the Telephone Consumer Protection Act (TCPA). Some three years later, that call resulted in an $11 million settlement.

Kolinek is a prime example of an alarming trend in the health care world–putative class action lawsuits seeking millions of dollars for, at most, technical violations of the TCPA based on a jaundiced reading of the statute. In the last year alone, some of the nation’s most prominent pharmacies, medical technology companies, health plans and health care providers have faced TCPA class action lawsuits for phone calls and text messages concerning prescription refills, health plan updates, health management programs, and the like.

Originally published in BNA’s Health Law Reporter on April 9, 2015.