Summer Bummer: UnitedHealthcare Settles TCPA Case for $3.5M

If you want to avoid a class action under the Telephone Consumer Protection Act (TCPA), start with two simple rules. First, hire a lawyer who focuses on TCPA and telemarketing compliance from the start. Second, don’t use a prerecorded voice if you don’t have to. That choice puts the burden on you to prove prior express written consent for marketing calls, a standard many companies can’t meet cleanly. If you’re using prerecorded messages without airtight documentation, you’re making yourself a target.

That’s what happened in Johnson v. UnitedHealthcare Services, Inc., 2025 U.S. Dist. LEXIS 131129 (M.D. Fla. July 10, 2025). The lawsuit claimed UnitedHealthcare used prerecorded calls to promote its “Optum HouseCalls” program and contacted individuals who weren’t even members without prior express written consent.

Rather than continue litigating, UnitedHealthcare settled for a whopping $3.495 million, plus $1.2 million in attorney’s fees and costs for Plaintiff’s counsel. The case settled before any motion practice, meaning the court hadn’t yet ruled on a motion for summary judgment or class certification.

While UnitedHealthcare didn’t admit fault, TCPA class actions are expensive and high risk. Damages range from $500 to $1,500 per call. That adds up fast, especially in a class action spanning years of outreach. The court noted the case’s complexity, the extensive discovery already completed, and the long road ahead involving motions, trial, and appeals. These are the very factors that drive most TCPA class actions toward settlement.

Interestingly, the recovery for class members was unusually high: over $146 per approved claim. That’s well above the $30 to $60 range typical in similar TCPA settlements. While we don’t know the full details, the payout likely reflects the strength of the case and the litigation risk UnitedHealthcare faced.

For other businesses, this is a wake-up call. Consent for prerecorded marketing calls must be clear, specific, and well documented. No exceptions. Relying on vendors won’t shield you. If they make noncompliant calls on your behalf, you can still be held vicariously liable. And calling the wrong person, even by mistake, is still a violation under the law.

UnitedHealthcare likely had defenses, but the uncertainty and legal fees alone could have been devastating. The lesson here is simple: get compliant before you're in court. It’s not worth the risk or the $3.5 million reminder.