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Greenspoon Marder Successfully Defends Healthplex, Inc. in TCPA Class Action

April 14, 2026

Fort Lauderdale , Fla. – April 14, 2026 – Greenspoon Marder successfully defended Healthplex, Inc., a leading dental benefits administrator, in a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA). In a decision issued on April 14, 2026, the United States District Court for the Northern District of New York granted Healthplex’s motion to dismiss, concluding that the plaintiff failed to state a viable claim.

The lawsuit, Emory Davis v. Healthplex, Inc., alleged that Healthplex violated the TCPA by placing pre-recorded calls to a cellular phone without prior consent. Healthplex moved to dismiss the complaint, arguing that the calls fell squarely within the TCPA’s “emergency purposes” exception because they conveyed time-sensitive information related to dental treatment coverage.

The court agreed. In a comprehensive opinion, the court concluded that calls communicating the approval or denial of dental services directly implicate health and safety concerns and therefore qualify for the TCPA’s emergency purposes exemption. The court further held that the plaintiff’s allegation that he received the calls in error did not remove them from the scope of the exemption, particularly where the complaint failed to plausibly allege that Healthplex knew it had reached the wrong individual or continued calling after receiving notice.

The Greenspoon Marder litigation team representing Healthplex included partners Jeffrey Backman and Roy Taub, and associate Jacob Mars, who successfully argued that the plaintiff’s own allegations demonstrated that the calls were exempt as a matter of law, making dismissal appropriate at the pleading stage.

“This ruling adds to a growing body of case law confirming that healthcare coverage and treatment authorization communications may qualify for the TCPA’s emergency exception,” said Mr. Backman. “It provides important clarity for healthcare administrators and insurers.”

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 215 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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