TCPA Suit Over Secondary Payer Calls Continues Despite Seeming Lack of Evidence

How easy is it to set up a TCPA class action?

Well, if one were so inclined, its pretty easy.

Take the case of Gilleland v. Express Scripts, Inc., 2025 WL 2794639 (C.D. Ill. Sept. 30, 2025).

There the Plaintiff sued claiming she had received marketing calls without consent.

Turns out the calls weren’t marketing and it also turns out she had provided consent to receive calls prior to her divorce. So, two of her claims were just false.

But she also claims that she revoked her consent.

Unfortunately for her, Defendant had records of every call and a policy to document DNCs. The records showed no DNC requests.

So, end of case right?

Wrong.

The Court found Plaintiff’s claim she had asked for calls to stop was enough to create a factual dispute the jury would have to decide. So even though Defendant seemingly did everything right, the Plaintiff’s case moves on based on her own unsupported testimony–even after she was shown to be wrong on other elements of her case.

That’s how easy it is to set up a lawsuit.

Notably the case is a class action but given the difficulties in certifying revocation class actions I would imagine this one goes away on an individual basis.