222 F. Supp. 3d 779
N.D. Cal.2016Background
- St. Clair sues CVS under TCPA for automated prescription-reminder calls to his cell after he asked to stop.
- CVS moved to dismiss, arguing the calls fall within the emergency purposes exemption from TCPA liability.
- TCPA generally requires emergency purposes or prior express consent for automated calls to cell phones.
- Court determines continued calls after opt-out do not constitute an emergency, so exemption does not apply.
- FCC guidance and health-care provider exemptions are considered but do not rescue CVS's reading of the exemption.
- Court denies CVS’s motion to dismiss; documents that prescription reminders are not categorically exempt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether emergency exemption applies to prescription calls after opt-out | St. Clair contends calls after removal are not emergencies. | CVS contends prescription reminders can be emergency calls under exemption. | No emergency exemption; exemption does not apply. |
| Whether health-care provider exemption applies to prescription notifications | Potentially covered by health-care exemption if criteria met. | Health-care exemption may apply, but CVS's calls do not meet it. | Health-care exemption not applicable to CVS calls; not disputed. |
Key Cases Cited
- Chesbro v. Best Buy Stores, L.P., 705 F.3d 913 (9th Cir. 2012) (common-sense approach to TCPA liability)