1

UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS

Matthew McCormick and Gina 

McCormick (H/W),

Plaintiffs, Case No.

 v.

Molina Healthcare of Texas, Inc. Complaint and Demand for Jury Trial

Defendant.

COMPLAINT 

Matthew McCormick and Gina McCormick (hereinafter referred to as “the 

McCormicks” or “Plaintiffs”), by and through their attorneys, Kimmel & Silverman, P.C., alleges 

the following against Molina Healthcare of Texas, Inc. (hereinafter referred to as “Molina” or 

“Defendant:):

Introduction 

1. Plaintiffs’ Complaint is based on the Telephone Consumer Protection Act (TCPA), 

47 U.S.C. §227 et seq.

2. In 1991, President George H.W. Bush signed into law the TCPA, which was passed 

in a bi-partisan manner, to protect consumers’ privacy rights; specifically, the right to be left alone 

from unwanted telemarketing calls. 

3. A leading sponsor of the TCPA described telemarketing “robocalls” the scourge of 

modern civilization.” 137 Cong. Rec. 30821 (1991). 

1:22-cv-18

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4. The TCPA, through the accompanying Code of Federal Regulations, 47 C.F.R. § 

64.1200 et seq., affords special protections for people who registered their phone numbers on the 

National Do Not Call Registry. 

5. Where a consumer’s phone number is registered on the Do Not Call registry, the 

TCPA requires that telemarketers provide clear and conspicuous notice to the consumer that it will 

be making telemarketing calls for solicitation or advertising purposes, and requires that the 

consumer provide express written consent. 

6. Section 227(c)(5) of the TCPA provides that each person who receives more than 

one call within a 12-month period on their phone, where that person did not provide express written 

consent upon a clear and conspicuous disclosure from the telemarketer, after the phone number 

was registered on the National Do Not Call Registry for more than 31 days is entitled to recover a 

penalty of $500 per call, and up to $1,500 per call if the TCPA is willfully or knowingly violated. 

7. Plaintiffs seek to exercise their rights under the TCPA against Molina Healthcare 

of Texas for unlawful robocalls which were made for telemarketing purposes without prior express 

written consent. 

The Parties 

8. Plaintiff Gina McCormick is an adult citizen who at all times relevant to this 

Complaint resided in Prosper, Texas 75078. 

9. Plaintiff Matthew McCormick is an adult citizen who at all times relevant to this 

Complaint resided in Prosper, Texas 75078. 

10. Defendant Molina Healthcare of Texas is an insurance company that maintains its 

headquarters 701 Brazos St., Suite 1050, Austin, Texas 78701. 

11. Molina is a for-profit insurance company. 

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Jurisdiction and Venue 

12. This Court has subject-matter jurisdiction over the TCPA claims in this action 

under 28 U.S.C. § 1331, which grants this court original jurisdiction of all civil actions arising 

under the laws of the United States. See Mims v. Arrow Fin. Servs., LLC, 565 U.S. 368, 386-87 

(2012) (confirming that 28 U.S.C. § 1331 grants the United States district courts federal-question 

subject-matter jurisdiction to hear private civil suits under the TCPA). 

13. This Court has personal jurisdiction over Defendant conducts business in the State 

of Texas. 

14. Defendant Molina is headquartered in Austin, Texas, which is within this District. 

15. A substantial percentage of the occurrences and events which underlie this lawsuit 

occurred within this District. 

16. Venue is proper under 28 U.S.C. § 1391(b)(1) and (2). 

Statement of Relevant Facts 

17. At all times relevant to this Complaint, Mr. McCormick owned a cell phone, the 

number for which was (214) XXX-9117. 

18. Mr. McCormick used that cell phone primarily for residential purposes. 

19. Mr. McCormick registered his cell phone number on the National Do Not Call 

Registry on or around July 1, 2014. 

20. Mr. McCormick registered his cell phone number on the National Do Not Call 

Registry to obtain solitude from unwanted and invasive telemarketing calls. 

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21. At all times relevant to this Complaint, Mrs. McCormick owned a cell phone, the 

number for which was (469) XXX-4158. 

22. Mrs. McCormick used that cell phone primarily for residential purposes. 

23. Molina Healthcare is a national insurance provider that sells various medical 

insurance plans to consumers. 

24. Molina Healthcare markets their products and services, in part, through placing 

telephone calls to prospective subscribers’ cellular and landline phones. 

25. Molina Healthcare placed numerous unwanted calls to the McCormicks’ cell 

phones using a Spanish-language artificial or pre-recorded voice. 

26. Before Molina Healthcare began placing telemarketing calls to the McCormicks’ 

cell phones, neither Mr. nor Mrs. McCormick provided express written consent, or any consent for 

Defendant to place such telemarketing calls. 

27. Likewise, Defendant did not present a clear and conspicuous disclosure to either of 

the McCormicks that it would make telemarketing calls to their cell phones. 

28. Neither of the McCormicks had any prior business relationship with Molina 

Healthcare. 

29. The McCormicks were not in the market for medical insurance and had not 

consented to receive calls from telemarketers selling the same. 

30. Prior to the solicitation calls at issue, neither Mr. nor Mrs. McCormick ever 

inquired of Defendant about health insurance products or services. 

31. Despite the foregoing, Defendant placed a shocking and extraordinary volume of 

invasive and irritating telemarketing calls to the McCormicks’ cell phones in furtherance of its 

efforts to sell medical insurance, for which the which the McCormicks had no interest or need. 

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32. Defendant’s telemarketing calls to Plaintiff utilized a prerecorded voice in an effort 

to solicit business. 

33. All of Defendant’s calls utilized a pre-recorded voice in the Spanish language. 

34. The McCormicks, who do not speak fluent Spanish, were unable to understand the 

Spanish-language pre-recorded messages from Molina. 

35. In order to ascertain the identity of the calling party, Plaintiffs resorted to pressing 

random buttons to be able to connect with a live agent. 

36. On several instances, including on or around July 28, 2020 as well as on or around 

October 26, 2020, a live agent identified the company responsible for the calls as being “Molina 

Healthcare.”

37. The other calls where “Molina” was not explicitly identified had a pre-recorded 

scripts identical or nearly identical to those which played at the beginning of the calls where agents 

of Molina ultimately identified themselves as working for Molina. 

38. Accordingly, Plaintiffs know that each of the calls identified in the charts below 

were from Molina. 

39. Upon being connected with a live agent, the McCormicks asked if the agents spoke 

English in order to inquire about the purpose for the calls. 

40. On some occasions, the live agent would indicate they do not speak English and 

would end the call. 

41. The McCormicks were not presented with a mechanism or reasonable method of 

“opting-out” or otherwise causing the calls from Molina to cease. 

42. The McCormicks, with their limited ability to speak and understand Spanish, 

requested the live agent to identify the company from which they were calling. 

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43. For investigative purposes, the McCormicks enlisted the services of another 

individual, fluent in Spanish, take the calls to ascertain as much as possible. 

44. During one of these calls, on January 19, 2021, Defendant’s agent would not 

provide a call back number for the company, but rather insisted that the individual use WhatsAppa mobile messaging platform which does not utilize actual telephone numbers and provides the 

send a way to remain confidential. 

45. Additionally, each call that both Plaintiffs answered from Defendant contained prerecorded Spanish language messages identical or similar to the others. 

46. Mr. McCormick received calls on instances including but not limited to the 

following 

Date and Time Caller ID: 

June 29, 2020 at 11:15 am Central (214) 952 1808 

June 30, 2020 at 1:21 pm Central (214) 887-6927 

June 30, 2020 at 4:44 pm Central (214) 482-0011 

July 1, 2020 at 3:50 pm Central (903) 405-6693 

July 2, 2020 at 12:41 pm Central (903) 405 6693 

July 2, 2020 at 2:14 pm Central (806) 386-2374 

July 7, 2020 at 1:37 pm Central (361) 511-4364 

July 8, 2020 at 5:34 pm Central (214) 902-6143 

July 10, 2020 at 8:15 am Central (210) 460-2425 

July 10, 2020 at 2:46 pm Central (903) 493-3655 

July 14, 2020 at 1:56 pm Central (972) 774-2373 

July 15, 2020 at 1:02 pm Central (954) 268-3721 

July 16, 2020 at 4:13 pm Central (737) 757-4649 

July 17, 2020 at 3:03 pm Central (972) 228-6369 

July 20, 2020 at 2:14 pm Central (469) 850-4175 

July 22, 2020 at 4:08 pm Central (281) 304-3486 

July 28, 2020 at 3:27 pm Central (409) 228-4299 

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July 29, 2020 at 2:30 pm Central (409) 996-5437 

July 30, 2020 at 3:35 pm Central (214) 351-7607 

August 3, 2020 at 6:15 pm Central (409) 880-5494 

August 5, 2020 at 5:36 pm Central (713) 679-5434 

August 7, 2020 at 3:11 pm Central (832) 959-6222 

August 10, 2020 at 2:03 pm Central (940) 971-4053 

August 10, 2020 at 3:19 pm Central (214) 476-2369 

August 11, 2020 at 12:08 pm Central (361) 528-6380 

August 13, 2020 at 2:57 pm Central (903) 961-7546 

August 13, 2020 at 5:01 pm Central (214) 393-7980 

August 14, 2020 at 4:34 pm Central (432) 207-8527 

August 14, 2020 at 6:13 pm Central (214) 924-3680 

August 24, 2020 at 12:13 pm Central (214) 889-8960 

August 25, 2020 at 2:59 pm Central (346) 239-5768 

September 3, 2020 at 1:57 pm Central (303) 894-3879 

September 7, 2020 at 3:06 pm Central (817) 754-6935 

September 9, 2020 at 3:43 pm Central (254) 290-3320 

September 10, 2020 at 6:29 pm Central (940) 832-5445 

September 11, 2020 at 5:01 pm Central (832) 786-8956 

September 15, 2020 at 6:43 pm Central (903) 660-3981 

September 17, 2020 at 12:57 pm Central (915) 222-6710 

September 17, 2020 at 2:25 pm Central (979) 667-8481 

September 22, 2020 at 3:30 pm Central (979) 693-8466 

September 23, 2020 at 3:44 pm Central (281) 354-5400 

September 24, 2020 at 1:39 pm Central (915) 409-4450 

September 24, 2020 at 2:15 pm Central (806) 311-8347 

September 24, 2020 at 3:45 pm Central (210) 342-5713 

September 25, 2020 at 11:23 pm Central (713) 535-4090 

September 28, 2020 at 1:08 pm Central (713) 774-5619 

September 29, 2020 at 2:51 pm Central (214) 884-3251 

October 2, 2020 at 12:58 pm Central (214) 330-5474 

October 5, 2020 at 2:50 pm Central (214) 382-2568 

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October 6, 2020 at 3:55 pm Central (214) 745-0651 

October 7, 2020 at 2:39 pm Central (214) 225-6769 

October 12, 2020 at 2:04 pm Central (214) 726-3813 

October 13, 2020 at 1:30 pm Central (210) 612-2767 

October, 13 2020 at 3:54 pm Central (972) 598-5779 

October 15, 2020 at 12:58 pm Central (214) 820-3640 

October 19, 2020 at 3:50 pm Central (903) 731-3934 

October 20, 2020 at 1:08 pm Central (214) 442-4785 

October 20, 2020 at 1:58 pm Central (972) 416-4909 

October 21, 2020 at 1:33 pm Central (214) 722-4053 

October 21, 2020 at 2:40 pm Central (903) 616-6009 

October 22, 2020 at 1:15 pm Central (214) 244-5718 

October 22, 2020 at 5:35 pm Central (281) 337-4125 

October 23, 2020 at 5:34 pm Central (214) 281-7510 

October 27, 2020 at 6:09 pm Central (214) 331-1827 

October 27, 2020 at 6:27 pm Central (936) 296-3057 

October 28, 2020 at 2:20 pm Central (214) 224-9513 

October 29, 2020 at 4:24 pm Central (214) 484-6138 

October 30, 2020 at 2:02 pm Central (214) 769-2900 

October 30, 2020 at 6:53 pm Central (210) 703-7509 

November 2, 2020 at 11:21 am Central (214) 840-9203 

November 3, 2020 at 11:26 am Central (214) 963-7689 

November 3, 2020 at 1:04 pm Central (682) 940-3208 

November 3, 2020 at 2:14 pm Central (281) 664-6960 

November 3, 2020 at 2:39 pm Central (361) 808-5393 

November 3, 2020 at 2:43 pm Central (972) 316-3178 

November 3, 2020 at 5:03 pm Central (214) 852-3716 

November 4, 2020 at 1:06 pm Central (830) 622-5970 

November 4, 2020 at 3:11 pm Central (214) 453-9651 

November 4, 2020 at 5:39 pm Central (214) 984-3917 

November 5, 2020 at 2:15 pm Central (409) 386-7000 

November 5, 2020 at 2:17 pm Central (214) 851-2923 

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November 5, 2020 at 6:07 pm Central (325) 283-8465 

November 6, 2020 at 1:17 pm Central (806) 697-3851 

November 6, 2020 at 2:46 pm Central (214) 767-5048 

November 6, 2020 at 5:05 pm Central (512) 897-6098 

November 6, 2020 at 5:17 pm Central (214) 932-8430 

November 9, 2020 at 5:37 pm Central (806) 847-5940 

November 10, 2020 at 12:04 pm Central (214) 342-5150 

November 11, 2020 at 12:51 pm Central (214) 351-1988 

November 11, 2020 at 4:00 pm Central (682) 203-3548 

November 12, 2020 at 2:17 pm Central (832) 209-2041 

November 12, 2020 at 4:28 pm Central (214) 930-7492 

November 16, 2020 at 1:57 pm Central (214) 952-7604 

November 16, 2020 at 5:02 pm Central (979) 877-6190 

November 18, 2020 at 12:44 pm Central (214) 871-5177 

November 20, 2020 at 1:34 pm Central (512) 693-8933 

November 24, 2020 at 11:47 pm Central (817) 812-7690 

November 24, 2020 at 3:56 pm Central (214) 845-9071 

November 25, 2020 at 3:54 pm Central (956) 897-5020 

November 25, 2020 at 7:20 pm Central (512) 539-2338 

November 27, 2020 at 1:49 pm Central (469) 523-7646 

November 30, 2020 at 5:02 pm Central (409) 218-3398 

December 1, 2020 at 1:01 pm Central (214) 769-5321 

December 1, 2020 at 6:29 pm Central (214) 477-7403 

December 2, 2020 at 12:16 pm Central (936) 224-3874 

December 2, 2020 at 6:11 pm Central (214) 555-1652 

December 3, 2020 at 12:06 pm Central (903) 611-6630 

December 3, 2020 at 4:20 pm Central (830) 218-7370 

December 4, 2020 at 12:20 pm Central (936) 257-2981 

December 4, 2020 at 2:51 pm Central (214) 486-3081 

December 4, 2020 at 4:18 pm Central (469) 375-3225 

December 7, 2020 at 1:52 pm Central (214) 426-9527 

December 8, 2020 at 4:12 pm Central 

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December 9, 2020 at 5:04 pm Central (281) 793-2981 

December 10, 2020 at 8:23 am Central (469) 250-5657 

December 10, 2020 at 2:40 pm Central (214) 763-2232 

December 10, 2020 at 3:48 pm Central (940) 313-3734 

December 14, 2020 at 11:05 am Central (214) 721-9089 

December 14, 2020 at 1:20 pm Central (972) 935-6832 

December 15, 2020 at 8:09 am Central (956) 778-8255 

December 15, 2020 at 10:22 am Central (972) 470-6881 

December 15, 2020 at 12:37 pm Central (214) 424-8722 

December 16, 2020 at 9:38 am Central (956) 426-3372 

December 16, 2020 at 12:27 pm Central (979) 387-2668 

December 16, 2020 at 4:21 pm Central (972) 835-2590 

December 16, 2020 at 7:09 pm Central (469) 387-7251 

December 17, 2020 at 9:13 am Central (469) 716-5897 

December 17, 2020 at 1:13 pm Central (214) 811-2295 

December 17, 2020 at 4:06 pm Central (214) 785-4508 

December 18, 2020 at 9:23 am Central (817) 380-6925 

December 21, 2020 at 5:15 pm Central (936) 800-7006 

December 23, 2020 at 12:37 pm Central (936) 888-5486 

December 23, 2020 at 1:51 pm Central (972) 591-8730 

January 4, 2021 at 11:51 am Central (832) 825-3776 

January 7, 2021 at 12:39 pm Central (903) 231-3107 

January 7, 2021 at 1:22 pm Central (214) 388-8264 

January 8, 2021 at 2:52 pm Central (985) 493-2128 

January 11, 2021 at 3:44 pm Central (972) 809-5982 

January 12, 2021 at 1:47 pm Central (713) 299-4059 

January 12, 2021 at 6:52 pm Central (713) 261-3478 

January 13, 2021 at 12:29 pm Central (210) 577-4625 

January 13, 2021 at 5:28 pm Central (214) 235-3421 

January 13, 2021 at 6:40 pm Central (281) 564-7883 

January 14, 2021 at 1:24 pm Central (972) 297-7311 

January 14, 2021 at 2:11 pm Central (210) 877-4285 

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January 19, 2021 at 3:58 pm Central (214) 328-6855 

January 19, 2021 at 4:38 pm Central (903) 851-6799 

January 21, 2021 at 3:28 pm Central (210) 446-2158 

47. Upon information and belief, Mr. McCormick received additional calls to his cell 

phone from Defendant not included in the list above. 

48. Additionally, Mrs. McCormick received calls on instances including but not limited 

to the following: 

Date/Time: Caller ID: 

July 31, 2020 at 3:25 pm Central (409) 231-7674 

August 14, 2020 at 4:54 pm Central (210) 392-5651 

August 17, 2020 at 5:37 pm Central (214) 442-2799 

September 4, 2020 at 3:47 pm Central (903) 590-3265 

September 9, 2020 at 5:29 pm Central (281) 261-4690 

September 14, 2020 at 4:16 pm Central (956) 831-3209 

September 14, 2020 at 4:38 pm Central (469) 810-4287 

September 15, 2020 at 3:24 pm Central (956) 341-6272 

September 16, 2020 at 3:28 pm Central (830) 285-6794 

September 18, 2020 at 2:32 pm Central (713) 308-2730 

September 22, 2020 at 1:48 pm Central (281) 686-8063 

September 23, 2020 at 1:50 pm Central (469) 470-4662 

September 24, 2020 at 2:53 pm Central (972) 963-6922 

September 24, 2020 at 2:56 pm Central (305) 749-5485 

September 25, 2020 at 2:01 pm Central (469) 987-3459 

September 25, 2020 at 3:08 pm Central (940) 280-7678 

September 25, 2020 at 6:33 pm Central (469) 776-5781 

October 15, 2020 at 6:29 pm Central (469) 583-8161 

October 21, 2020 at 1:50 pm Central (469) 583-8161 

October 23, 2020 at 3:49 pm Central (469) 979-4010 

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October 26, 2020 at 6:08 pm Central (469) 539-4879 

October 26, 2020 at 6:36 pm Central (469) 843-2744 

October 29, 2020 at 4:36 pm Central (940) 337-7825 

October 30, 2020 at 1:30 pm Central (737) 703-4562 

October 30, 2020 at 1:58 pm Central (979) 743-3597 

October 30, 2020 at 4:03 pm Central (469) 348-3682 

November 2, 2020 at 11:50 am Central (469) 885-0331 

November 2, 2020 at 3:52 pm Central (469) 968-2606 

November 4, 2020 at 11:35 an Central (469) 483-1158 

November 4, 2020 at 4:17 pm Central (903) 258-6530 

November 4, 2020 at 6:36 pm Central (469) 375-5185 

November 5, 2020 at 1:29 pm Central (469) 551-6499 

November 7, 2020 at 12:24 pm Central (281) 712-8587 

November 10, 2020 at 5:41 pm Central (469) 573-6067 

November 10, 2020 at 6:25 pm Central (469) 776-2872 

November 11, 2020 at 1:53 pm Central (361) 428-6759 

November 11, 2020 at 2:50 pm Central (469) 932-2519 

November 11, 2020 4:08 pm Central (979) 859-5326 

November 11, 2020 at 4:34 pm Central (469) 746-5823 

November 12, 2020 at 2:16 pm Central (432) 273-5474 

November 12, 2020 at 3:09 pm Central (469) 824-6241 

November 13, 2020 at 5:19 pm Central (469) 739-3001 

November 16, 2020 at 2:34 pm Central (830) 875-7190 

November 19, 2020 at 3:51 pm Central (806) 944-2337 

November 20, 2020 at 12:48 pm Central (469) 747-5361 

November 20, 2020 at 2:07 pm Central (832) 824-4612 

November 23, 2020 at 12:39 pm Central (469) 272-2774 

November 23, 2020 at 1:09 pm Central (903) 906-3229 

November 23, 2020 at 2:13 pm Central (430) 983-3176 

November 23, 2020 at 4:03 pm Central (469) 376-6203 

November 24, 2020 at 1:19 pm Central (832) 561-8627 

November 24, 2020 at 2:49 pm Central (469) 828-5739 

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November 25, 2020 at 2:59 pm Central (469) 288-1357 

November 25, 2020 at 4:06 pm Central (281) 691-6105 

November 25, 2020 at 4:38 pm Central (361) 242-3422 

November 27, 2020 at 12:32 pm Central (469) 779-7274 

November 27, 2020 at 12:38 pm Central (210) 636-6383 

November 30, 2020 at 2:27 pm Central (469) 588-4186 

November 30, 2020 at 3:14 pm Central (469) 460-5104 

December 1, 2020 at 11:36 pm Central (469) 865-2796 

December 1, 2020 at 5:42 pm Central (469) 883-7766 

December 2, 2020 at 3:34 pm Central (817) 630-5568 

December 3, 2020 at 10:58 pm Central (361) 648-3454 

December 3, 2020 at 1:25 pm Central (469) 242-9432 

December 3, 2020 at 3:36 pm Central (469) 481-0254 

December 3, 2020 at 5:35 pm Central (832) 270-3990 

December 4, 2020 at 12:13 pm Central (512) 848-7076 

December 4, 2020 at 4:07 pm Central (469) 858-2563 

December 7, 2020 at 1:45 pm Central (469) 938-6775 

December 8, 2020 at 2:41 pm Central (972) 641-6239 

December 8, 2020 at 3:01 pm Central (713) 374-7200 

December 8, 2020 at 7:38 pm Central (713) 562-2243 

December 9, 2020 at 11:55 pm Central (915) 778-6192 

December 9, 2020 at 4:30 pm Central (512) 621-8939 

December 10, 2020 at 12:02 pm Central (904) 361-6373 

December 10, 2020 at 3:43 pm Central (956) 614-5462 

December 11, 2020 at 3:23 pm Central (832) 208-3840 

December 11, 2020 at 3:24 pm Central (915) 521-4452 

December 11, 2020 at 3:40 pm Central (713) 595-7400 

December 11, 2020 at 4:09 pm Central (832) 658-6175 

December 11, 2020 at 6:51 pm Central (346) 763-5941 

December 14, 2020 at 1:16 pm Central (979) 413-6917 

December 14, 2020 at 1:56 pm Central (469) 268-5652 

December 16, 2020 at 10:55 am Central (713) 475-6642 

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December 17, 2020 at 11:18 am Central (903) 398-5774 

December 17, 2020 at 1:53 pm Central (210) 714-2076 

December 17, 2020 at 4:06 pm Central (281) 842-7328 

December 18, 2020 at 3:40 pm Central (361) 311-6775 

January 13, 2021 at 1:12 pm Central (469) 766-6452 

January 13, 2021 at 1:30 pm Central (361) 553-2560 

January 14, 2021 at 11:21 am Central (817) 228-6500 

January 15, 2021 at 11:10 am Central (254) 228-5654 

January 18, 2021 at 2:33 pm Central (903) 908-7165 

January 18, 2021 at 4:04 pm Central (936) 253-3270 

January 18, 2021 at 4:44 pm Central (512) 418-7646 

January 18, 2021 at 5:34 pm Central (210) 957-7937 

January 19, 2021 at 8:42 am Central (305) 260-6695 

January 19, 2021 at 9:32 am Central (305) 260-6695 

January 19, 2021 at 9:43 am Central (305) 260-6695 

January 19, 2021 at 9:54 am Central (305) 260-6695 

January 19, 2021 at 9:59 am Central (305) 260-6695 

January 19, 2021 at 11:27 am Central (979) 223-2907 

49. Upon information and belief, Mrs. McCormick received additional calls from 

Defendant not included in the above list. 

50. In total, Plaintiffs have collectively received 250 telephone solicitation calls. 

51. Each of these calls contained a pre-recorded message utilizing identical scripts and 

voices.

52. Each of the calls at issue were made for telemarketing purposes and did not convey 

exigent healthcare information. 

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53. The McCormicks were annoyed, irritated, upset and experienced a sense that their 

privacy was violated by Defendant as a result of receiving the numerous phone calls after they had 

long been registered on the National Do Not Call Registry. 

54. The foregoing acts and omissions were in violation of the TCPA. 

COUNT I 

DEFENDANT VIOLATED THE TCPA 47 U.S.C. § 227(b)

(Matthew McCormick and Gina McCormick v. Molina Healthcare)

55. Plaintiffs incorporate the forgoing paragraphs as though the same were set forth at 

length herein. 

56. The TCPA prohibits placing calls or texts using an automatic telephone dialing 

system or automatically generated or prerecorded voice to a cellular telephone except where the 

caller has the prior express consent of the called party to make such calls or where the call is made 

for emergency purposes. 47 U.S.C. § 227(b)(1)(A)(iii). 

57. By placing prerecorded voice calls to the cell phones of the McCormicks without 

first obtaining that prior express written consent Defendant violated the TCPA, including, but not 

limited to 47 U.S.C. § 227(b)(1). 

58. Defendant’s calls were not made for “emergency purposes”. 

59. Defendant’s calls to the Plaintiffs’ cell phones were made without any prior express 

consent.

60. The TCPA provides for a private right of action and statutory damages of $500.00 

per violation, and up to $1,500.00 if the violation is determined to be willful. 47 U.S.C. § 227(b)(3). 

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61. Defendant’s acts as described above were done with malicious, intentional, willful, 

reckless, wanton and negligent disregard for Plaintiffs’ rights under the law and with the purpose 

of harassing Plaintiff. 

23. The acts and/or omissions of Defendant were done unfairly, unlawfully, 

intentionally, deceptively and fraudulently and absent bona fide error, lawful right, legal defense, 

legal justification or legal excuse. 

24. As a result of the above violations of the TCPA, Plaintiffs have suffered the losses 

and damages as set forth above entitling Plaintiff to an award of statutory, actual and trebles 

damages.

COUNT II 

DEFENDANT VIOLATED THE TCPA 47 U.S.C. § 227(c)(5) 

(Matthew McCormick v. Molina Healthcare)

25. Plaintiff Matthew McCormick incorporates the forgoing paragraphs as though the 

same were set forth at length herein. 

26. The TCPA prohibits any person or entity of initiating any telephone solicitation to 

a residential telephone subscriber who has registered his or her telephone number on the National 

Do-Not-Call Registry of persons who do not wish to receive telephone solicitations that is 

maintained by the Federal Government. 47 U.S.C. § 227(c). 

27. Defendant contacted the Plaintiff despite the fact that the Matthew McCormick has 

been registered on the Do Not Call Registry since as early as July 1, 2014. 

28. The TCPA provides that it is a violation of the law for a person whose phone 

number is registered on the National Do Not Call Registry to receive more than one solicitation 

call on their phone “within any 12-month period by or on behalf of the same entity.” See 47 U.S.C. 

§§ 227(c)(1), (c)(5); 47 C.F.R. § 64.1200(c)(ii). 

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29. The TCPA defines a “telephone solicitation” as a “call or message for the purpose 

of encouraging the purchase of goods, or services which is transmitted to any person.” 47 U.S.C. 

§227(a)(4).

30. The Federal Communications Commission’s regulations implementing the TCPA 

provide that telephone solicitations cannot be made to a recipient without the recipient’s “prior 

express written consent.” See FCC 12-21, CG Docket 02-278 (effective October 16, 2013); 47 

C.F.R § 64.1200(a)(2). 

31. The penalty for each call made in violation of the TCPA’s restrictions on placing 

telemarketing calls to numbers registered on the National Do Not Call Registry is $500.00 per 

violation and up to $1,500.00 per violation if the violation is determined to be willful. See 47 

U.S.C. §§ 227(c)(5). 

32. In addition, the TCPA allows the Court to enjoin Defendant’s violations of the 

TCPA’s regulations prohibiting calls to phone numbers registered on the National Do Not Call 

Registry. See 47 U.S.C. §§ 227(c)(5)(A). 

33. By calling the Matthew McCormick’s cell phone after his telephone number was 

registered on the National Do Not Call Registry, Defendant violated the TCPA, including, but not 

limited to, 47 U.S.C. §§ 227(c)(1) and the TCPA’s corresponding regulations. 

34. Defendant knew or should have known that the Matthew McCormick had his 

telephone number registered on the Do Not Call Registry. 

35. The Matthew McCormick is entitled to damages of $500.00 per violation for each 

call placed and up to $1,500.00 per violation if the Court finds that Defendant willfully violated 

the TCPA. 

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PRAYER FOR RELIEF

Wherefore, Plaintiffs, Matthew McCormick and Gina McCormick, respectfully pray 

for judgment as follows: 

a. For both Plaintiffs: All actual damages suffered (as provided under 47 U.S.C. § 

227(b)(3)(A)); 

b. For both Plaintiffs: statutory damages of $500.00 per violative telephone call 

(as provided under 47 U.S.C. § 227(b)(3)(B)); 

c. For both Plaintiffs: Treble damages of $1,500.00 per violative telephone call 

(as provided under 47 U.S.C. § 227(b)(3)); 

d. For Matthew McCormick Only: statutory damages of $500.00 per violative 

telephone call (as provided under 47 U.S.C. § 227(c)(5)(B)); 

e. For Matthew McCormick Only: Additional treble damages of $1,500.00 per 

violative telephone call (as provided under 47 U.S.C. § 227(c)(5)(C); 

f. For Both Plaintiffs: Injunctive relief (as provided under 47 U.S.C. § 227(b)(3) 

and (c); and 

g. For Both Plaintiffs: Any other relief this Honorable Court deems appropriate. 

DEMAND FOR JURY TRIAL 

Please take notice that Plaintiffs, Matthew McCormick and Gina McCormick, demand 

a jury trial in this case. 

 Respectfully submitted,

Dated: January 7, 2022 By: /s/ Jacob U. Ginsburg

 Jacob U. Ginsburg, Esq.

 Kimmel & Silverman, P.C. 

 30 East Butler Ave.

 Ambler, PA 19002

 Phone: 215-540-8888

 Facsimile: 877-788-2864 

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 Email: jginsburg@creditlaw.com

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