Audrey Fober, on behalf of herself and all others similarly situated, Plaintiff-Appellant,
Management and Technology Consultants, LLC; Does, 1 through 10, inclusive, Defendants-Appellees.
and Submitted February 8, 2018 Pasadena, California
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
Bacon (argued) and Todd M. Friedman, Law Offices of Todd M.
Friedman, Woodland Hills, California, for
Harrison Maxwell Brown (argued), Yosef Mahmood, and Ana
Tagvoryan, Blank Rome LLP, Los Angeles, California, for
Before: Susan P. Graber and Andrew D. Hurwitz, Circuit
Judges, and Algenon L. Marbley, [*] District Judge.
Consumer Protection Act
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.
GRABER, Circuit Judge:
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.
AND PROCEDURAL HISTORY
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