Genesis Health Clubs fined for violating No-Call Act
From News Reports
A Wichita health club company with an operation in Hutchinson was ordered to pay $15,000 for violating the No-Call Act, Kansas Attorney General Derek Schmidt said Friday.
Genesis Health Clubs Management Inc. agreed to a consent judgment ordering it to pay the $15,000 for No Call investigative fees.
The attorney general’s Consumer Protection Division began investigating Genesis after receiving complaints from Kansas consumers about receiving unsolicited telemarketing calls. The complaints alleged that company employees were calling Kansas consumers on the Do-Not-Call registry.
The judgment was approved Thursday by Judge Mary Christopher in Shawnee County District Court.
Leah Dempsey
ACA International
Washington, DC
Leah Dempsey has a career marked by success as an advocate for the financial services industry, committed to advancing their priorities at the Consumer Financial Protection Bureau, the Federal Communications Commission, other federal agencies, and on Capitol Hill. Dempsey was recognized by The Hill as a Top Lobbyist in 2020 noting that, “The ranks of policy experts and influencers run deep in Washington, but these are the people who stand out for delivering results for their clients in the halls of Congress and in the administration.”
In her role as Vice President and Senior Counsel for Federal advocacy at ACA International, Dempsey leads efforts to develop and implement ACA’s federal advocacy agenda in Washington, DC. She writes and speaks frequently about the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, Unfair Deceptive Abusive Acts and Practices, and federal rules and legislation impacting the ac
Health
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May 13, 2021
In a Northern District of Ohio case filed on Thursday, Family Health Physical Medicine LLC alleged that it had received a fax soliciting nursing home operator Brookdale Senior Living’s services. The fax purportedly included an invitation for recipients to “to tour the facility ‘to meet our staff’, ‘learn more about how we will serve your clients,’ and offered ‘a complimentary pizza to-go’ to entice the recipients to accept the invitation.”
The complaint alleged that the fax was unaddressed and designed to be sent to medical providers such as Family Health to generate referrals. As such, the complaint is a putative class action, being brought on behalf of “All persons who (1) on or after four years prior to the filing of this action; (2) were sent the Brookdale Fax or similar material; (3) via facsimile; (4) and for whom Brookdale Senior Living has no documents purporting to show the intended recipient’s express
Professional Biography:
Sean Paisan is Of Counsel in the Orange County, California, office of Jackson Lewis P.C. His practice focuses on workplace safety and health (OSHA), data privacy, and traditional employment matters, including litigation and counseling.
Sean’s first exposure to OSHA regulations occurred during his undergraduate studies while working for a construction company that helped build Disney’s California Adventure. After attending law school and working for the Los Angeles County District Attorney’s Office and the United States Attorney’s Office, Sean moved into private practice, where he focused on general liability matters, including serious injuries and fatalities. Through this experience, Sean became very knowledgeable on the myriad of Cal/OSHA regulations imposed on businesses, especially in the construction, manufacturing, and healthcare industries, and the consequences for violations of those regulations. From there, Sean became OSHA 30 certified
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The Telephone Consumer Protection Act has for over a decade been a source of significant legal risk for any business that communicates with consumers by phone or text. The TCPA prohibits making calls without consent to cell phones using an “Automatic Telephone Dialing System” (“ATDS”), and contains a private right of action that provides for statutory damages of $500 up to $1,500 per offending call or text. Importantly, broad interpretations by courts and the FCC of what constitutes an ATDS at some points so broad as to encompass everyday smartphones sparked a conflagration of class actions against businesses across numerous industry sectors including financial services, retail, energy, and healthcare.