Audrey Fober v. Mgmt. & Tech. Consultants, LLC, et al


Blank Rome successfully represented Management and Technology Consultants, Inc., in an appeal before the Ninth Circuit Court of Appeals of an order by the Central District Court granting summary judgment in favor of the client in a putative Telephone Consumer Protection Act (“TCPA”) class action suit brought against a healthcare surveyor.

The plaintiff, Audrey Fober, alleged that MTC violated the TCPA by autodialing her cellular phone without her consent. The putative nationwide class sought up to $1,500 in statutory damages per call. In an unprecedented ruling of this kind for the healthcare industry, the Ninth Circuit affirmed the district court’s grant of summary judgment to MTC on the ground that MTC, who was hired by Ms. Fober’s medical provider to conduct the patient satisfaction surveys, did not violate the TCPA by calling Ms. Fober at the phone number she provided.

Management & Technology Consultants, LLC engages in patient satisfaction survey which includes patient care service, patient satisfaction service and customer service. The Company is based in

Indianapolis.

The Blank Rome team was led by Ana Tagvoryan (Picture) and Harrison Brown, who argued for the defense during oral argument before the Ninth Circuit, with invaluable assistance from Shayne Ford, Dia Alessi, and the Firm’s Attorney Resource Center.

Involved fees earner: Ana Tagvoryan – Blank Rome LLP; Harrison Brown – Blank Rome LLP;

Law Firms: Blank Rome LLP;

Clients: Management And Technology Consultants LLC;

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Author: Ambrogio Visconti