Appellate court: Fairview Health's medical device telemarketing does not violate robocall rules

The U.S. Court of Appeals for the Eighth Circuit on May 26 ruled Fairview Health Services — a Minneapolis-based integrated health system and medical device seller — did not violate federal robocall rules, reports Blomberg BNA.

Fairview faced a class-action complaint filed on behalf of plaintiff Samuel Zean who purchased a medical device from the organization that required "periodic purchase of replacement supplies," according to the report.

Mr. Zean claimed he received about 25 automated telemarketing calls from Fairview regarding reordering supplies from September 2014 to August 2015 before he asked an employee to stop calling. The lawsuit alleges these calls violated the federal Telephone Consumer Protection Act, as he did not express consent to receive them.

A lower court dismissed the lawsuit, saying two largely redacted exhibits proved Mr. Zean gave prior consent for Fairview to call his phone. Mr. Zean appealed the decision, challenging the authenticity of the redacted exhibits and arguing the court should not have relied on them to make its decision, reports Bloomberg BNA.

Judge James Loken affirmed the lower court's decision. Since Mr. Zean failed to challenge the authenticity of the redacted exhibits in the lower court, the judge said authenticity of the document at the appellate level "is a bogus issue," according to the report.

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