Latner v. Mount Sinai Health System, Inc.

• Date: 01 September 2018
• Author: Hong, Kimberly

879 F.3D 52 (2D CIR. JAN. 10, 2018)

The Telephone Consumer Protection Act ("TCPA") states that the act of sending automated calls or text messages to cell phones is unlawful, except when certain exemptions are present or when the individual consented. (125) In Latner v. Mount Sinai Health System, the United States Court of Appeals for the Second Circuit reviewed and affirmed the United States District Court of the Southern District of New York's dismissal of the case, holding that automated text messages sent were part of the exceptions and the Plaintiff-Appellant consented to the automated messages. (2)

1. BACKGROUND

   In 2003, Daniel Latner ("Plaintiff--Appellant") visited Mount Sinai Health Systems ("Defendants--Appellees") for a health examination. (3) During his visit, the Plaintiff--Appellant completed new patient forms. (4) As part of the new patient forms, the Plaintiff--Appellant signed the "New Patient health form containing his contact information" and the "Ambulatory Patient Notification Record" that allows the Defendants--Appellees to "use [the Plaintiff--Appellant's] health information 'for payment, treatment and hospital operations purposes.'" (5)

   In June 2011, the Defendants--Appellees hired PromptALERT, Inc. to send phone and/or text messages such as flu shot reminders to clients. (6) During the month of November 2011, the Plaintiff--Appellant visited the Defendants--Appellees office and "declined any immunizations." (7) Then, on September 19, 2014, the Plaintiff--Appellant received an automated text message from the Defendants--Appellees stating to schedule a flu shot appointment along with a number to call. (8) The Plaintiff--Appellant claims that the...