AVOIDABLE: Molina Healthcare Settles TCPA Wrong Number Class Action For $1.93MM– and This Doesn’t Have to Keep Happening

Another day, another seven figure TCPA class action settlement involving calls to wrong numbers.

Yet–for the most part– these claims are totally avoidable if you know what you’re doing.

In Kruzel v. Molina Healthcare, 2026 WL 2409400 (D. Or. Aug. 17, 2026) the Court granted final approval of a $1.93MM class action settlement in a TCPA suit.

The settlement class was defined as:

All persons throughout the United States (1) to whom Molina Healthcare, Inc. or Molina Healthcare of
California placed, or Icario, Inc. placed on behalf of Molina Healthcare, Inc. or Molina Healthcare of
California, a call, (2) directed to a number assigned to a cellular telephone, but not assigned to a person
who has or had an account or plan with Molina Healthcare, Inc. or Molina Healthcare of California,
(3) which Molina Healthcare, Inc., Molina Healthcare of California or Icario, Inc. dispositioned as
Wrong Number in its records and is one of the numbers that appears in either MOLINA_006055 or
ICARIO000017 (4) in connection with which Molina Healthcare, Inc., or Molina Healthcare of California
or Icario, Inc. used an artificial or prerecorded voice, (5) from May 30, 2021 through April 26, 2026.

Couple of things to notice about this class definition:

1. This is a prerecorded call class and the calls at issue were NOT marketing calls;
2. Molina was using a wrong number code to track wrong number dispositions (always a bad idea); and
3. Because these calls were attempted to patients– the use of the RND would likely have avoided the entire problem.

Almost the exact fact pattern we saw with the recent LifeLock and Money Source settlements– seven figure TCPA deals arising out of non-marketing prerecorded wrong number calls attempted to a company’s own customers.

If you’re using “robocall” prerecorded messages or voicemails it is essential you take notice of these recent settlements because they can be avoided using two simple tricks:

1. DON’T use wrong number dispositions to track wrong number reporting– no law requires this and it makes it way too easy for plaintiff’s lawyers to form a class. Instead you should give Troutman Amin, LLP a call and we can help walk you through the best way to deal with wrong number calling;
2. You should ALWAYS use the reassigned numbers database before making a large-scale outbound calling campaign to existed customers or aged lead data. The risk of contacting reassigned numbers in a large outbound pool is just too high to ignore.

Back to the settlement, there were 18,794 members of the class meaning Molina paid $102.69 to resolve this one– a very nice settlement amount. However unlike many settlements this one is non-reversionary meaning Molina will actually have to pay each class member this amount (usually only claiming class members receive a payment– here a check will go out to all 18,794 class members.)

The lawyers involved– the increasingly dangerous Max Morgan of the Weiss Firm and the always dangerous Jamey Davidson of the infamous Greenwald Davidson Radbill– will split over $600k in fees.

Overall a pretty fair settlement on all sides. The class members got a decent recovery here but Molina didn’t overpay given the class definition. So nice work I guess.

If you want to see REALLY nice work be sure to catch episode 46 of the Deserve to Win podcast:

Chat soon!