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Fober v. Management and Technology Consultants, LLC

United States Court of Appeals, Ninth Circuit

March 29, 2018

Audrey Fober, on behalf of herself and all others similarly situated, Plaintiff-Appellant,
v.
Management and Technology Consultants, LLC; Does, 1 through 10, inclusive, Defendants-Appellees.

          Argued and Submitted February 8, 2018 Pasadena, California

          Appeal from the United States District Court for the Central District of California D.C. No. 8:15-cv-01673-CJC-DFM, Cormac J. Carney, District Judge, Presiding

          Adrian Bacon (argued) and Todd M. Friedman, Law Offices of Todd M. Friedman, Woodland Hills, California, for Plaintiff-Appellant.

          Harrison Maxwell Brown (argued), Yosef Mahmood, and Ana Tagvoryan, Blank Rome LLP, Los Angeles, California, for Defendant-Appellee.

          Before: Susan P. Graber and Andrew D. Hurwitz, Circuit Judges, and Algenon L. Marbley, [*] District Judge.

         SUMMARY [**]

         Telephone Consumer Protection Act

         Affirming the district court's summary judgment in favor of the defendant in an action under the Telephone Consumer Protection Act, the panel held that the plaintiff consented to receive quality assurance calls when she signed a health insurance enrollment form.

          OPINION

          GRABER, Circuit Judge:

         In a putative class action complaint, Plaintiff Audrey Fober alleged that Defendant Management and Technology Consultants, LLC ("MTC") violated the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. § 227, by calling her repeatedly through an automatic telephone dialing system. The district court entered summary judgment for MTC on the ground that Plaintiff had consented to the calls. We affirm.

         FACTUAL AND PROCEDURAL HISTORY

         The following facts are undisputed. At all relevant times, Plaintiff was a member of the Health Net of California, Inc. ("Health Net") insurance plan. Upon enrolling in that plan, Plaintiff completed and signed an "Enrollment and Change Form for Small Business Group" ("Enrollment Form"). Plaintiff provided her phone number on the Enrollment Form. In the Enrollment Form, she agreed to the following terms:

THE USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION: I acknowledge and understand that health care providers may disclose health information about me . . . to Health Net Entities . . . . Health Net Entities . . . may disclose this information for purposes of treatment, payment and health plan operations, including but not limited ...

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