Daniel Latner, individually and on behalf of others similarly situated, Plaintiff-Appellant,
Mount Sinai Health System, Inc, West Park Medical Group, P.C., Defendants-Appellees.
Argued: December 7, 2017
from the United States District Court for the Southern
District of New York. No. 1:16-cv-00683 ― Alvin K.
Daniel Latner commenced this putative class action against
Defendants-Appellants Mount Sinai Health System, Inc. and
West Park Medical Group, P.C., seeking redress for autodialed
text message telemarketing communications made by or on
behalf of defendants to the cell phones of Plaintiff and
others in violation of the Telephone Consumer Protection Act
("TCPA"). The United States District Court for the
Southern District of New York (Alvin K. Hellerstein,
Judge) granted Defendant-Appellants' motion for
judgment on the pleadings.
that the message at issue does not violate the TCPA, and
thus, for reasons different from those stated by the District
Court, we AFFIRM the December 14, 2016
judgment of the District Court.
Alexander H. Burke, Burke Law Offices, LLC, Chicago,
Illinois, for Plaintiff-Appellant
M. Gerson, Patricia M. Wagner, Tanya v. Cramer, Epstein
Becker & Green, P.C., Washington, DC, for
Before: Cabranes and Livingston, Circuit Judges, and
Goldberg, Judge. [*]
JOSÉ A. CABRANES, Circuit Judge
question presented is whether a flu shot reminder text
message sent by a hospital violated the Telephone Consumer
Protection Act ("TCPA"), 47 U.S.C. § 227.
appeal from the United States District Court for the Southern
District of New York (Alvin K. Hellerstein, Judge),
Plaintiff- Appellant David Latner ("Latner")
challenges the District Court's decision granting
Defendants-Appellants Mount Sinai Health System, Inc.'s
("Mt. Sinai") and West Park Medical Group,
P.C.'s ("WPMG") motion for judgment on the
2003, Latner went to a Mt. Sinai facility, WPMG, for a
routine overall health examination, and reviewed and filled
out new patient forms. He signed a New Patient health form
containing his contact information and an Ambulatory Patient
Notification Record that granted consent to Mt. Sinai to use
his health information "for payment, treatment and
hospital operations purposes."
2011, Mt. Sinai hired a third party, Prompt ALERT, Inc., to
send mass messages on behalf of Mt. Sinai, including
transmitting flu shot reminder texts for WPMG. In November of
that year, Latner returned to WPMG and declined any
September 19, 2014, he received the following text message
Its flu season again. Your PCP at WPMG is thinking of you!
Please call us at 212-247-8100 to schedule an appointment for