Smith v. Blue Shield of California Life & Health Insurance Co.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiff Shannon Smith brings this case against Defendant California Physicians’ Service, d/b/a Blue Shield of California (“Blue Shield”) 1 alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 . (Dkt. 1 Ex. A (Complaint originally filed in Orange County Superior Court and removed by Blue Shield to this Court).) Plaintiffs claim is brought on behalf of herself and all others who received an automated, prerecorded telephone call on December 3, 2015, from Blue Shield regarding renewal of health insurance for 2016. (Id. ¶ 6.) Before the Court is Blue Shield’s motion for summary judgment. (Dkt. 46 [Motion, hereinafter “Mot.”].) For the following reasons, the motion is GRANTED.

II. BACKGROUND

Plaintiff completed an application for health coverage for her family through Covered California for insurance provided by Blue Shield. (Dkt. 46-7 Ex. J at 7-8; Dkt. 68 at 12; Dkt. 46-2 ¶ 1 (Statement of Uncontroverted Facts).) As part of the application, Plaintiff provided her telephone number as the best number at which to contact her. (Dkt. 46-2 ¶ 2.) The coverage agreement was effective…