Simplex refutes 'No Call' allegations

Friday, March 29, 2013

NASHVILLE, Tenn. – A national provider of mail order diabetes supplies denies allegations that it has violated telemarketing laws in Missouri.

The Missouri Attorney General’s Office on March 15 filed a lawsuit against Simplex Healthcare, claiming that the provider violated the state’s “No Call” list over a period of more than two years by calling residents who had signed up for the list, which is managed by the attorney general’s office.

“Simplex takes compliance with all laws very seriously,” the provider said in a statement. “We are not a telemarketing firm and, therefore, only make outbound calls to our existing patients or to individuals who have specifically requested by phone or in writing that we contact them.”

The lawsuit seeks to ban Simplex from calling any Missouri numbers; to fine the provider $5,000 per violation; and to make it pay for the state’s legal fees.

The lawsuit claims Simplex made 513 calls from the “No Call” list—a number that the provider says is misleading. It pointed out that the 513 calls represent 166 unique individuals: 126 requested to be contacted and the remaining 40 placed initial calls to the provider.

“After thoroughly reviewing our records, we have confirmed that the calls cited by the Missouri Attorney General in the lawsuit did not violate the ‘do not call’ laws,” the provider said in a statement. “We are providing this information to the Attorney General's office and hope for a quick response.”

As long as Simplex can show proof that it has a prospective customer’s permission, whether it be a paper or electronic signature, an inbound phone call, or a request logged on the company’s website, the provider should be “fine,” said one healthcare attorney.

“From a practical standpoint, they are going to work it out,” said the attorney. “I am just surprised that it’s gotten so far. Normally, the state gives the company an opportunity to resolve it.”