UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSE
NORTHERN DIVISION

DR. MICHAEL NELSON, individually and
on behalf of all others similarly situated,

Case No.
Jury Trial Demanded

Plaintiff,
v.
TEAM HEALTH HOLDINGS, INC. and
TEAM HEALTH, LLC,
Defendants.

CLASS ACTION COMPLAINT
1.

Plaintiff Dr. Michael Nelson (“Plaintiff”), individually and on behalf of all others

similarly situated (the “Class”), brings this action against Defendants Team Health Holdings, Inc.
and Team Health, LLC (collectively, “Team Health” or “Defendants”) to secure redress for
Defendants’ violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et
seq.
2.

Specifically, Plaintiff, individually and on behalf of the other Class Members,

brings a claim pursuant to 47 U.S.C. § 227(b) based on unsolicited text messages sent by Team
Health, or at Team Health’s direction, to the cellular telephones of Plaintiff and the other Class
Members, using an automatic telephone dialing system (“ATDS”).
INTRODUCTION
3.

The TCPA was designed and enacted to prevent companies like Team Health from

invading individuals’ privacy with intrusive and unwanted robocalls.

 

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 4.

Courts across the country—including courts in the Sixth Circuit—have interpreted

the TCPA to also apply to text messages. The Federal Communications Commission (“FCC”)—
charged with enforcing and issuing rules regarding the TCPA—also interprets the TCPA to apply
to text messages on the same terms as phone calls. This of course makes sense given the purpose
of the TCPA and the way we communicate today.
5.

Consistent with its goal, the TCPA makes it unlawful for any person to call (or as

interpreted, text) a cellular telephone service using an ATDS without the called party’s prior
express consent.
6.

Because it is often difficult to quantify damages stemming from unwanted text

messages, the TCPA provides for statutory damages—$500 for each qualifying text message
negligently sent and $1,500 for each qualifying text message sent in willful or knowing violation
of the statute. In the case where a plaintiff can prove higher actual damages, those damages are
available instead. Given the remedies available under the law, it is no surprise that Courts
frequently certify Rule 23 classes in TCPA cases.
7.

This is a classic case of unwanted robo-texting, without consent of the “called

party.” Here, Team Health sent multiple spam texts to Dr. Michael Nelson, trying to recruit him
to work for one of Team Health’s clients.1 On information and belief, Team Health’s robo-texting
equipment did the same thing to thousands or tens of thousands of other Class Members.
JURISDICTION AND VENUE
8.

This Court has original subject matter jurisdiction pursuant to 28 U.S.C. § 1331 and

47 U.S.C. § 227(b)(3) because this action involves a federal question under the TCPA.
 
1

Team Health functions similarly to a staffing agency, providing workers in the medical field to
client facilities such as hospitals and doctor’s offices, nationwide.
2
 

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 9.

This Court has original jurisdiction pursuant to the Class Action Fairness Act, 28

U.S.C. § 1332(d).
10.

This Court has personal jurisdiction over Team Health because Team Health does

business within the State of Tennessee and its principal place of business is located within the State
of Tennessee.
11.

Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(1) because Team

Health resides in this judicial district, maintaining its principal place of business at 265 Brookview
Centre Way, Suite 400, Knoxville, Tennessee 37919.
PARTIES
12.

Plaintiff is a natural person, a physician, and a citizen of the state of Illinois, residing

in Elmhurst, DuPage County, Illinois.
13.

Plaintiff is a “called party” pursuant to 47 U.S.C. § 227(b).

14.

Defendant Team Health Holdings, Inc is a corporation that was formed in

Delaware, has its principal place of business at 265 Brookview Centre Way, Suite 400, Knoxville,
Tennessee, 37919, and does business in the State of Tennessee. Its registered agent for service of
process in Tennessee is Corporation Service Company, 2908 Poston Avenue, Nashville,
Tennessee, 37203.
15.

Defendant Team Health, LLC is a limited liability company that was formed in

Tennessee, has its principal place of business at 265 Brookview Centre Way, Suite 400, Knoxville,
Tennessee 37919, and does business in the State of Tennessee. Its registered agent for service of
process in Tennessee is The Prentice-Hall Corporation System, Inc., 2908 Poston Avenue,
Nashville, Tennessee 37203.

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 FACTS
16.

Team Health is a nationwide physician practice that provides emergency medicine,

hospital medicine, anesthesiology, critical care, obstetrics, orthopedic surgery, general surgery,
ambulatory care, post-acute care, and medical call center solutions, to acute and post-acute
facilities nationwide.
17.

Team Health provides support for these facilities by staffing medical professionals,

including physicians, for its client facilities. To do so, it must recruit medical professionals,
including the Class Members.
18.

On information and belief, in order to recruit individuals to place with its clients,

Team Health obtained the cellular telephone number of Plaintiff and thousands or tens of
thousands of other medical professionals, including Class Members, and then proceeded to send
or cause others to send unsolicited telemarketing text messages to those individuals, using ATDS
equipment.
19.

The purpose of these texts was to recruit Plaintiff and other professionals, including

the other Class Members, to place them at Team Health clients, for which Team Health would be
compensated by those clients.
20.

Plaintiff and the other Class Members never consented to receive such text

messages.
21.

Specifically, on or around July 5, 2018, Plaintiff received the following text

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 message from or on behalf of Team Health, from telephone number (618) 416-6428:

22.

Prior to August 16, 2018, Plaintiff received the following text message from or on

behalf of Team Health, from telephone number (859) 629-6824:

23.

On or around August 16, 2018, Plaintiff received the following text message from

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 or on behalf of Team Health, from telephone number (859) 629-6824:

24.

On or around January 23, 2019, Plaintiff received the following text message from

or on behalf of Team Health, from telephone number (859) 629-6824:

25.

Upon information and belief, these text messages were sent to Plaintiff’s cellular

telephone using equipment which has the capacity to store or produce telephone numbers to be
contacted, using a random or sequential number generator, and to dial such numbers, without
human intervention.

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 26.

On information and belief, these text messages were sent by Team Health or on its

behalf using an internet-to-phone application, or a combination of hardware and software systems,
which stored phone numbers and generated and sent text messages to those numbers randomly,
automatically, and without human intervention.
27.

Plaintiff never provided his telephone number to Team Health or, on information

and belief, any other entity which had consent to share his telephone number with Team Health.
28.

Plaintiff never provided consent to receive text messages from Team Health or from

any person or entity on behalf of Team Health.
29.

The generic nature of the text messages, the size of Team Health, and the related

implausibility that “Kaitlin” or “Jay Johnson” typed each of these texts, combined with the fact
that multiple similar text messages were sent, leads Plaintiff to the reasonable conclusion and belief
that these text messages were sent by an ATDS, without human intervention.
30.

Team Health sent these text messages for the business or commercial purpose of

recruiting physicians to place in its clients’ medical facilities, so that Team Health could profit.
31.

From each intrusive, automated text message sent by or on behalf of Team Health

to Plaintiff’s cellular telephone without express consent, Plaintiff suffered actual harm, including
the injury of invasion of privacy and intrusion upon his right to inclusion.
32.

From each text message sent by or on behalf of Team Health to Plaintiff’s cellular

telephone without express consent, Plaintiff suffered actual harm, including injury because of the
nuisance and inconvenience of receiving unwanted and unsolicited text messages without consent,
which diverts attention away from his work and other activities.
33.

From each text message sent by or on behalf of Team Health to Plaintiff’s cellular

telephone without express consent, Plaintiff suffered economic injury because his cellular data

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 and/or cellular telephone storage space was used without his consent. Each such invasion and use
of Plaintiff’s property without his consent, resulted in the injury of a trespass to chattel in relation
to Plaintiff’s cellular telephone and cellular telephone service and disturbed the use and enjoyment
of his cellular telephone and phone number, in addition to causing wear and tear on Plaintiff’s
phone’s hardware (including its battery), and the consumption of memory of the phone.
CLASS ALLEGATIONS
34.

Plaintiff brings this case individually and, pursuant to Fed. R. Civ. P. 23(b)(2), and

23(b)(3) or in the alternative (c)(4), on behalf of a Class of individuals, defined as:
All persons in the United States to whom, from within four years prior to the filing
of this case to the present, Team Health or another person or entity on behalf of
Team Health, sent a text message to their cellular telephone using an automated
telephone dialing system, without the individuals’ prior express consent (the
“Class”).
35.

Excluded from the Class is Team Health, its parents, subsidiaries, affiliates, officers

and directors, any entity in which Team Health has a controlling interest, all recipients of text
messages who make a timely election to be excluded from the Class, governmental entities, and
all judges assigned to hear any aspect of this litigation, as well as their immediate family members.
36.

Numerosity. Upon information and belief, Team Health or its affiliates sent

unsolicited text messages to more than 1,000 medical professionals who are part of the Class in
the four years preceding the filing of this case using an ATDS, where Team Health obtained the
telephone numbers from sources other than their owners and sent the text messages without
consent of the recipients.
37.

Commonality. Common questions of law or fact exist as to all Class Members.

Such questions common to the Class include, but are not necessarily limited to:
a.

Whether Team Health used an ATDS as that term is defined or interpreted
under the TCPA and applicable FCC regulations and orders and relevant
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 case law;
b.

Whether Team Health had prior express permission to contact Plaintiff and
other Class Members when it sent text messages, or caused text messages
to be sent, to the cell phones of Plaintiff and Class Members using at ATDS;
and

c.

Whether Team Health’s violations were performed willfully or knowingly
such that Plaintiff and the other Class Members are entitled to treble
damages under the TCPA.

38.

Typicality. Plaintiff’s claims are typical of the other Class Members’ claims. The

factual and legal bases of Team Health’s liability to Plaintiff and the other Class Members are the
same: Team Health violated the TCPA by using an ATDS to cause text messages to be sent to the
cellular telephone numbers of Plaintiff and the other Class Members without their prior express
consent.
39.

Adequacy of Representation. Plaintiff will fairly and adequately protect the

interests of the other Class Members. Plaintiff has no interest that might conflict with the interest
of the other Class Members. Plaintiff is interested in pursuing his claim vigorously and has
retained counsel competent and experienced in class and complex litigation.
40.

Policies Generally Applicable to the Class. This class action is appropriate for

certification pursuant to Fed. R. Civ. P. 23(b)(2) because Defendants have acted and/or failed to
act on grounds generally applicable to Plaintiff and the other Class Members, thus making final
injunctive relief or corresponding declaratory relief appropriate with respect to the Class as a
whole.

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 41.

Predominance and Superiority. This class action is appropriate for certification

pursuant to Fed. R. Civ. P. 23(b)(3) because the common questions predominate over any question
solely affecting any individual Class Member, including Plaintiff. Class action treatment is
superior to the alternatives for the fair and efficient adjudication of the controversy alleged herein.
Such treatment will permit a large number of similarly situated persons to prosecute their common
claims in a single forum simultaneously, efficiently, and without the duplication of effort and
expense that numerous individual actions would entail. There are, on information and belief,
thousands of Class Members, such that joinder of all of them is impracticable. No superior
alternative exists for the fair and efficient adjudication of this controversy.
42.

No difficulties are likely to be encountered in the management of this class action

that would preclude its maintenance as a class action.
43.

The Class Members are, on information and belief, readily identifiable from the

records of Team Health and/or any affiliates whom it instructed to cause to be sent the text
messages at issue, including records relating to cellular telephones and the equipment, systems, or
programs used to send messages to Plaintiff and the other Class Members.
44.

Particular Issues. In the alternative to certification under Fed. R. Civ. P. 23(b)(3),

this class action may be appropriate for certification pursuant to Fed. R. Civ. P. 23(c)(4) if it is
determined that only particular issues may be adjudicated on a class-wide basis.
CLAIM ALLEGED
COUNT I
(Willful or Knowing Violation of
the TCPA, 47 U.S.C. § 227(b))
45.

Plaintiff realleges and incorporates Paragraphs 1-44, as though fully set forth

46.

Team Health violated the TCPA with respect to Plaintiff and the other Class

herein.

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 Members by sending unsolicited text messages without obtaining the recipients’ express consent
using equipment which constitutes an ATDS under the TCPA, for the express commercial or
financial purpose of recruiting Plaintiff and the other Class Members to work for Team Health’s
clients.
47.

Team Health’s text messages caused Plaintiff and the other Class Members actual

harm, including, but not limited to, invasion of their personal privacy, aggravation, nuisance and
disruption, reduction in their cellular phone data and memory, messaging charges, and loss of use
of their cellular telephones.
48.

As a result of the aforementioned violations of the TCPA, Plaintiff and the other

Class Members are each entitled to awards of a minimum of $500 in statutory damages for each
text message sent by or on behalf of Defendants in negligent violation of the TCPA, and/or up to
$1,500 in statutory damages for each text message sent by or on behalf of Defendants in willful or
knowing violation of the TCPA.
49.

Additionally, Plaintiff and the other Class Members are entitled to seek injunctive

relief prohibiting such future conduct.
REQUEST FOR RELIEF
WHEREFORE, Plaintiff, individually and behalf of the other Class Members,
respectfully requests that this Court:
a.

Certify the Class in accordance with Fed. R. Civ. P. 2(b)(2), and 23(b)(3) or in the
alternative (c)(4), with respect to the claims set forth above;

b.

Appoint Plaintiff as the Class Representative;

c.

Appoint DiCello Levitt Gutzler LLC and Branstetter, Stranch & Jennings, PLLC
as Class Counsel with respect to Plaintiff’s and the other Class Members’ claims;

d.

Declare that Defendants negligently and/or willfully and knowingly violated the
TCPA;
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 e.

Enjoin Defendants from sending further unsolicited text messages using at ATDS
without express consent of the recipient and otherwise protect the interests of
Plaintiff and the Class;

f.

Award Plaintiff and the other Class Members the greater of actual damages or
statutory damages in the amount of $500 for every text message sent in negligent
violation of the TCPA and $1,500 for every text message sent in willful or knowing
violation of the TCPA; and

g.

Grant such further relief as this court deems appropriate.
JURY DEMAND

Plaintiff demands a trial by jury of all claims so triable.
Dated: December 17, 2019

/s/ Joe P. Leniski, Jr._____________
Joe P. Leniski, Jr. (BPR #22891)
BRANSTETTER, STRANCH &
JENNINGS, PLLC
223 Rosa L. Parks. Ave. Suite 200
Nashville, TN 37203
Telephone: 615-254-8801
joeyl@bsjfirm.com
Amy E. Keller*
Laura E. Reasons*
DICELLO LEVITT GUTZLER LLC
Ten North Dearborn Street, Eleventh Floor
Chicago, Illinois 60602
Telephone: 312-214-7900
akeller@dicellolevitt.com
lreasons@dicellolevitt.com
* To Seek Admission Pro Hac Vice
Counsel for Plaintiff and the Class

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