Gonzalez
Gonzalez v. UnitedHealth Group, Inc.
Opinion
Trial Court Opinion
I. Factual Background and Procedural History
Beginning on September 24, 2019, Gonzalez alleges that she received a series of three prerecorded messages on her cellular telephone from United HealthCare Services, Inc. (“United HealthCare”), a subsidiary of UnitedHealth Group Inc. Amd. Compl. ¶ 26, ECF No. 14; Wong Decl. ¶ 5, Feb. 7, 2020, ECF No. 12-1. These messages intended to promote United HealthCare’s HouseCalls program. Id. at ¶ 42. The HouseCalls program is a preventative care program operated by Optum, a subsidiary of United HealthCare. Id. at ¶ 2; Wong Decl. ¶ 2, Apr. 24, 2020, ECF No. 23. The HouseCalls program calls members, who have provided their contact information to United HealthCare, with details regarding United HealthCare’s health plans. Wong Decl. ¶ 2, Apr. 24, 2020, ECF No. 23; Soeren Mattke et al., Medicare Home Visit Program Associated With Fewer Hospital And Nursing Home Admissions, Increased Office Visits, 34 Health Affairs 2138, 2139 (2015). Gonzalez alleges that she never gave her consent to be called by Optum and yet Optum called her cellular telephone three times over a span of thirty-seven days. Amd. Compl. ¶ 37,