Woman files TCPA lawsuit against Albert Einstein Healthcare Network

By Kasey Schefflin-Emrich | Jul 10, 2015


PHILADELPHIA - A Philadelphia resident is suing a nonprofit health care organization, alleging she has been receiving unwanted phone calls.

Shante Allen filed a lawsuit June 25 in the U.S. District Court for the Eastern District of Pennsylvania against Albert Einstein Healthcare Network, doing business as Einstein Heart and Vascular Institute, citing violation of the Telephone Consumer Protection Act.

According to the complaint, from May to June, the defendant repeatedly called Allen on her cellphone using an automatic telephone dialing system and pre-recorded messages in which it identified its company name as the caller and told a person (unknown to Allen) to call back to follow-up with a cardiologist. The suit states that Allen incurs a charge for each incoming call on her cellphone.

Despite telling the defendant in mid-May to stop calling her as she wasn't the person they were seeking, Allen claims that the defendant made at least four more additional calls to her cellphone. Allen alleges the defendant violated the TCPA as the calls were not made for emergency purposes or with her prior consent.

Asserting that the defendant's actions were performed with a malicious and willful disregard for her rights under the law and with the purpose of harassing her, Allen seeks actual, statutory and treble damages. She is represented by attorney Craig Thor Kimmel of Kimmel & Silverman, P.C. in Ambler.

U.S. District Court for the Eastern District of Pennsylvania case number: 2:15-cv-03559-SD.

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