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Amerigroup, a wholly owned subsidiary of Anthem Inc. Not only did the Amerigroup text messages remind patients to schedule appointments for physical exams, preventive screenings, flu shots and vaccinations, it also connected patients to services and benefits available to them from Amerigroup.
While the national program was successful in that 71 percent of Amerigroup members remembered to go to their doctors, according to a study conducted about the program, the problem is not all Amerigroup members consented to receive text messages, which is a violation of the Telephone Consumer Protection Act TCPA. In fact, these unwanted messages can be intrusive and costly. FCC rules address unsolicited telephone marketing calls and text spam — including those using automated and prerecorded messages.
Additionally, according to the Federal Trade Commission , sending unsolicited text messages from an auto-dialer — equipment that stores and dials phone numbers using a random or sequential number generator — is against the law unless the recipient gives consent prior to the receiving the text messages.
Bombarding people with thousands, and in some cases millions, of unsolicited text messages is not only an aggravating practice, but is also burdensome to our telecommunications systems and costly to Amerigroup members who may have a limited allowance of text messages per month. Attorneys are currently investigating claims that Amerigroup may have improperly sent text spam messages to members in violation of the TCPA.
In order to send text messages, Amerigroup members must have previously provided express consent to the health insurance providers. However, many members are reporting that they never consented to receiving text messages from Amerigroup.
If you are receiving unwanted Amerigroup text messages, your consumer rights may have been violated under the Telephone Consumer Protection Act. If so, Amerigroup might owe you restitution. If you received a text message text spam from Amerigroup insurance, you may be eligible for compensation under the Telephone Consumer Protection Act. Get a Free Case Evaluation Now. Sign up for our free newsletter.
Medicaid is the state-federal health plan for the poor. That practice is illegal because Amerigroup was already being paid by both the federal government and the state of Illinois to insure anyone seeking to join its Medicaid plan, no matter how sick they were.
Tyson was able to provide key names of employees at Amerigroup who condoned the redlining of patients who cost too much to insure. Seeing the kind of proof Tyson had, the Department of Justices eventually signed on to the lawsuit. In , a jury agreed that Amerigroup had committed fraud. The company appealed the ruling, but says that now that a settlement has been reached, it will ask that the appeal be dismissed.
In addition to the financial settlement, Amerigroup has also entered into a corporate integrity agreement with regulators, requiring it to implement new policies to prevent discrimination. Under federal whistleblower laws, Tyson was eligible for 15 percent to 25 percent of the total settlement. He was awarded the maximum amount because he was so crucial to the case, a federal prosecutor said. I would like to take this opportunity to thank you and all the lawyers involved at your firm who worked diligently and tirelessly to bring about the positive result in my case.
I will continue to keep your firm uppermost in mind as the need arises for legal counsel for me, members of my Parker Waichman was there for my family when one of our family members was desperately in need of assistance.