NYSDA Publications

Robocalls on Dental Insurance Coverage Denials Constitute TCPA Exempt Emergency Calls

Apr 17, 2026
In a rather unusual decision, the United States District Court for the Northern District of New York has held in Davis v. Healthplex that multiple robocalls sent by Healthplex concerning the denial of dental insurance coverage for services constituted emergency calls and were an exception to the Telephone Consumer Protection Act (TCPA) even though the robocalls were sent to the wrong person and the person was not even a customer of Healthplex.  The plaintiff sued in a class action claiming that Healthplex violated the TCPA prohibition against placing pre-recorded calls to plaintiff’s cellular telephone without his prior consent.  The court found that the particular calls fit the TCPA exception for emergency calls and dismissed the lawsuit.  The opinion is interesting in finding that telephone calls involving denials of dental insurance coverage constitute emergency calls even when communicated to an incorrect person.  The complete court opinion in Davis v. Healthplex can be read here: Davis vs Healthplex Court Opinion.