Exact Care Had Plaintiff's Consent to Call Her, Says Pharmacy’s Answer
Exact Care Pharmacy asserts 15 affirmative defenses against plaintiff Brenda Everett’s Telephone Consumer Protection Act class action allegations that it sends prerecorded messages to individuals’ phone numbers without first obtaining their required express written consent (see 2310050003), said its answer…
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Monday (docket 4:23-cv-01649) in U.S. District Court for Middle Pennsylvania in Williamsport. Everett’s claims fail because Exact Care “reasonably relied on the prior express consent obtained” from her June 29, said its answer. The calls referenced in her complaint deliver healthcare messages and aren’t telemarketing calls as defined by the TCPA, it said. Exact Care isn’t liable “to the extent the TCPA allows such calls” without the consent of the called party, it said. Everett’s claims also fail because Exact Care “has established and implemented, with due care, reasonable practices and procedures to effectively prevent violations of the TCPA,” it said. Exact Care isn’t liable for violating the TCPA because any alleged violation was the result of error and as part of its routine business practice under the standards outlined in the federal regulations, it said. “This safe harbor has been recognized by courts and the FCC,” it said.