CATALYST STRATEGIC DESIGN v. Kaiser Foundation Health Plan
Opinion
Opinion
RUBIN, Acting P.J.
Catalyst Strategic Design, Inc. appeals from the court's dismissal by summary judgment of its class action lawsuit against Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company ("Kaiser") alleging they violated the Telephone Consumer Protection Act of 1991 by faxing an unsolicited advertisement to Catalyst. We affirm.
In August 2001, appellant Catalyst Strategic Design, Inc. called Kaiser to discuss providing health insurance to Catalyst's employees. During the phone call, appellant gave Kaiser its fax number for Kaiser to* send written information about Kaiser's health plans. Catalyst elected, however, not to sign up for coverage at that time.
Over the next year and a half, Kaiser contacted Catalyst about a dozen times by phone and in writing, including faxes, to discuss Kaiser's on-going individual coverage of Catalyst's president and in the hope of selling coverage to the company's employees. In January 2003, Catalyst told Kaiser it did not plan to buy coverage for company employees beyond the president's policy. Catalyst did not, however, tell Kaiser to no longer contact it or to stop sending faxes.