On September 6, 2023, Arkansas Attorney General (AG), Tim Griffin, announced that the US District Court of Southern Texas, Houston Division, had granted two permanent injunctions, on August 15, 2023, against an individual and Health Advisors of America, Inc., and another individual, respectively, in relation to the Case No. 4:20-cv-02021 State of Texas, et. al., v. Rising Capital Group LLC., et.al, and issued two fines totaling $146,153,860 against the defendants for making illegal robocalls, in violation of the Federal Telephone Consumer Protection Act, the Federal Telemarketing Sales Rule, and various State consumer protection laws.

Background to the judgment

In particular, the defendants had initiated millions of robocalls, advertising various goods and services, including healthcare products, to residential and/or mobile phone numbers of residents located within Arkansas, Indiana, Michigan, North Carolina, North Dakota, Ohio, and Texas and other States throughout the US, leading to a court filing by a coalition of AGs.

Findings of the Court

The Court found that the robocalls were made without the prior consent of the individuals and in violation of the Federal Telephone Consumer Protection Act, the Federal Telemarketing Sales Rule, and various State consumer protection laws.

Outcomes

In light of the above, the Court issued the aforementioned fines. Additionally, the Court permanently restrained and prohibited the defendants and their agents from directing robocalls to the jurisdiction of the AGs.

Furthermore, the Court prohibited the defendants, for a period of 10 years from the date of the order, from:

• engaging in all telemarketing activities; 
• providing, leasing, provisioning, reselling, or assigning telephone numbers, including those related to direct inward dialing;
• all lead generation; and
• initiating or transmitting any telephone calls that are placed to telephone numbers on the Do Not Call (DNC) Registry or any state equivalent thereof.

You can read the press release here and the orders here and here.