MEDICARIANS PREVIEW?: GetMeHealthCare Stuck in TCPA Suit Over 31 Alleged Unwanted Solicitations from Lead Generators And I Guess Its Time To Think About MediLeadsConarians

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So Medicarians and LeadsCon are just around the corner- the Czar will be on stage at both shows, of course–and why not cover a insurance broker lead gen TCPA suit to get ready for the show?

Fun tie in!

In Keneisha Smith v. GetMeHealthcare, LLC 2026 WL 919856 (M.D. Fl. April 3, 2026) the Court refused to dismiss Smith’s lawsuit against GMH even though Smith didn’t have a lawyer.

Per its website, GetMeHealthcare offers ACA and Medicare coverage and it looks like the calls at issue were placed by an unidentified third-party lead generator:

Plaintiff alleges that although she registered her cell phone number on the National Do Not Call Registry in 2024, she
nevertheless received 31 telemarketing calls between June 2–12, 2025. (Doc. 12 ¶¶ 5, 7). Third-party telemarketers acting by
and on behalf of Defendant placed each call. (Id. ¶ 10). “During each of the calls…, the callers represented that they were
calling regarding health-insurance coverage and/or Marketplace enrollment, and requested personal identifying and insurance
eligibility information[.]” (Id. ¶ 11).

Defendant moved to dismiss the case arguing it should not be responsible for the calls made by the third-party lead generator(s) but the Court disagreed and refused to dismiss GMH from the case:

Second, Plaintiff alleges enough to link the calls to Defendant. She alleges third-party telemarketers acting by and on behalf
of Defendant placed the calls and that the calls were about health insurance coverage or marketplace enrollment. Further, she
alleges that all of the calls occurred within a ten-day period, bolstering the idea that they were made by or on behalf of Defendant
as part of its telemarketing campaign. (Doc. 12 ¶¶ 4, 28). In short, she has alleged just enough facts regarding the callers’
identities, the content of the calls, and the timeframe of the calls to state a claim under the TCPA. Whether Plaintiff can ultimately
prove Defendant’s liability is a matter for another day

So that’s that.

Another Medicare lead buyer stuck in a TCPA suit. But hey, at least it isn’t a class action.

If you’re headed to Medicarians be sure to give me a shout! Otherwise hope to see you all at Law Conference of Champions May 4-6, 2026.

Thanks all. Chat soon!

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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