Class action against One Source Medical hits all the essentials


It’s a triple-header, according to Frances Ewing: no consent, no relationship, no end.

Despite the fact that Michigan-based Ewing claimed she had never required the services of durable medical equipment provider One Source Medical Supply and never asked them to call her, the calls kept coming, again and again.

She claims in her recently filed class action that when she called to ask the company to stop, the representatives who answered the line were able to provide her name and address.

Ewing’s Telephone Consumer Protection Act (TCPA) class action, filed in the Eastern District of Michigan, Southern Division, is based on two sales calls she claims were made on Sept. 8, 2017, but she alleges there were many more. Ewing maintains that she has been listed on the National Do Not Call Registry since November 2012.

The Takeaway

Ewing seeks statutory damages and attorneys’ fees and expenses, alleging violations of the TCPA as well as unfair and deceptive acts and practices under the Michigan Compiled Laws.

The complaint is perhaps most interesting for its brevity; its 12 terse, sparse pages contain almost two pages of direct quotations from the Code of Federal Regulations and the TCPA itself.

Consider it a sign of how standardized (and commonplace) TCPA complaints have become.