So Molina Healthcare is facing a pretty serious TCPA class action up in Washington state.

At issue are claims a lady was tricked or duped or confused into switching to Molina from Aetna and then Molina kept calling her even after she said “I am going to ask you not to call my house again”–which is pretty clear in my view.

Plus Molina was using prerecorded calls which are automatically actionable when sent for marketing purposes without consent to either a cell phone or landline–not good for Molina.

Perhaps even worse news for Molina, they have #biglaw defending them against Avi Kaufman–one of the best class action attorneys in the nation. So I have a feeling I know where this is headed. 

I mean, you can’t say BIG LOSS without big law…

But who knows, maybe they’ll pull off a big win. We’ll see.

The Plaintiff’s class certification effort is now fully briefed and the Court just issued an order sealing some of the material designated confidential by the parties. This means nosy operators of TCPA blogs can’t comb through all the records.

Too bad.

Sealing order is Ramey v. Molina, 2025 WL 1100632 (W.D. Wash March 20, 2025).

But what we do know is Molina (or someone acting on its behalf) allegedly called the Plaintiff and duped her into switching healthcare plans away from Aetna. When Plaintiff figured that out she switched back to Aetna but Molina kept calling. No way to know for sure if those facts are true.

Then again, according to Plaintiff’s expert Molina made hundreds of prerecorded calls to numbers within a sample set that were on the company’s internal DNC list. Plaintiff extrapolates there will be over 22,000 individuals in the full set who received approximately 200,000 prerecorded calls AFTER being asked to stop calling. Eesh.

No idea if any of this is true, of course, and a lot of the record is sealed but it seems Molina could be facing $1BB or so in exposure here. Eesh.

We’ll see what happens next.

But its just another example of how dangerous TCPAWorld can be folks. If you are using prerecorded calls to contact consumers you need to make absolutely sure your internal DNC practices are in great condition and be sure to retain TOP NOTCH TCPA counsel to defend any resulting class litigation.