"Hello, This Is Aetna Better Health" ... and now a TCPA Class Action

On October 7, 2026, Smith filed a proposed class action against Aetna, Inc. in the United States District Court for the Northern District of Illinois. The case is Smith v. Aetna, Inc., No. 1:26-cv-12330. The single count is under the Telephone Consumer Protection Act (TCPA) and concerns prerecorded calls to cell phones.

What was it about?

According to the complaint, on March 17, 2025, Smith received a prerecorded call to his cell phone that began with the message:

"Hello, this is Aetna Better Health calling for" [individual with same first name as Smith, but a different last name]

The message said the caller needed to gather some important information so the listener could get the most out of their health benefits, and it asked the listener to call a toll-free number. Smith says the robotic-sounding voice and several pauses in the message told him it wasn't a live person. He says he never consented to telemarketing calls from Aetna and never requested anything from Aetna.

So we have one call to the named plaintiff. But the complaint estimates the class is in the thousands, at least.

You can read it all here: Smith v. Aetna TCPA class action complaint.

Remember, these are allegations. Aetna hasn't responded in court yet, and nothing has been proven.

What's up with telemarketing?

The complaint calls these telemarketing calls. That's crucial. The TCPA prohibits calls to cell phones using prerecorded messages without the recipient's prior express consent. But the Federal Communications Commission (FCC) rule at 47 C.F.R. § 64.1200(a)(2) says that when a call is "telemarketing," the caller needs the recipient's prior express WRITTEN consent.

Plus, that same rule carves out certain health care messages made by or on behalf of a covered entity under the Health Insurance Portability and Accountability Act (HIPAA).

The message quoted in the complaint is about health benefits, and it doesn't mention any product or price. So whether this call is informational or telemarketing (and which rules apply) is up to the court.

With a class on the line and the rules in dispute, it's a fight worth watching if you make calls in health care. Am I right?

The money

The TCPA allows $500 per call, and up to $1,500 per call if the court finds the violation was willful or knowing. The complaint is seeking both, along with class certification and a jury trial. On information and belief, the complaint says Aetna was at least reckless. Multiply $500 by "thousands" and you can see why someone would bring this case.

Status

The case is before Judge Georgia N. Alexakis, with an initial status hearing set for December 16, 2026. A joint status report is due December 8. No class has been certified, and there's no settlement and nothing to claim.

What to do this week

If you've got a list, a dialer and a message that sounds harmless, here's the boring stuff to do:

• Know whether your calls are informational or telemarketing. If there's a sales pitch of any kind, get written consent.
• Fix wrong numbers. The message in the complaint was allegedly meant for someone else. Reassigned numbers are a common source of TCPA lawsuits. Use the Reassigned Numbers Database.
• Watch your vendors. The complaint blames Aetna "or an agent calling on behalf of" Aetna. Your agent's calls are your calls.
• Make the robot less robot-like? No. Get consent.

Do the boring stuff. It's what keeps the fun stuff alive.