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January 28, 2021
On Wednesday in the Northern District of Illinois, a class-action complaint was filed against Aetna Better Health of Illinois. The lead plaintiff alleged that she received unsolicited text messages from the defendant, in violation of the Telephone Consumer Protection Act (TCPA).
The plaintiff received a text message from Aetna on Dec. 21, 2020, stating: “Hi, starting 12/01/20, you are now a member of Aetna Better Health of Illinois,” followed by a link to Aetna’s website. The message ended with “Not a member of ABHIL? Text WRONG,” the complaint shows.
However, the plaintiff was not insured by Aetna, so this message was confusing to her. She received additional messages on Dec. 23 and Dec. 28, 2020, after which she replied, “Stop,” according to the complaint. Aetna replied with “Messages about Branding have been stopped. Other important health and benefit messages still may be sent.” The plaintiff claimed to have received another generic message from Aetna on Jan. 14.