MyEyeDr. Must Defend Robocall Class Suit Over Eye Exam Messages

Optometry chain MyEyeDr. must face a proposed class action accusing it of using an automatic call system to repeatedly call customers, according to a ruling by a federal court in Illinois.

MyEyeDr. argues that the voicemails at issue were health-care messages, not spam calls, the U.S. District Court for the Northern District of Illinois said.

But at the motion to dismiss stage, Jennifer Murtoff has adequately alleged facts indicating that a health-care exemption from the Telephone Consumer Protection Act didn’t apply, the court said.

Murtoff sued the company alleging violations of the TCPA after she received robocalls notifying her that ...