Plaintiff Melissa Kruzel alleged that since early 2021, she and other class members received calls regarding Molina’s Wellness Rewards Program intended for someone else. The complaint specified that at least seven of these calls were artificial or prerecorded voice messages, many of which were identical and repetitive. Kruzel affirmed she never had an account with Molina or its telephone vendors.
Judge Ann Aiken conditionally certified the settlement class under Federal Rule of Civil Procedure 23(b)(3). The class includes all persons in the United States to whom Molina or its vendor, Icario, Inc., placed calls to cellular numbers assigned to individuals without an account or plan with Molina. The class period runs from May 30, 2021, through the date of preliminary approval.
The court found that common questions of law and fact predominated over individual issues. Specifically, the court agreed that the central inquiry was whether Defendants used artificial or prerecorded voices to make non-emergency calls absent consent, and whether liability attaches to "wrong number" calls. The court rejected arguments that individual issues regarding incorrect database notations would defeat class cohesion.
The settlement establishes a non-reversionary common fund of $1,927,500. After deductions for administrative costs, litigation expenses capped at $35,000, and attorneys’ fees, class members with approved claims will receive an equal share. Counsel estimate a cash payment between $319 and $638 per participating claimant, based on historical claim rates.
James L. Davidson of Greenwald Davidson Radbil PLLC and Max S. Morgan of The Weitz Firm are appointed class counsel. The court noted their extensive experience in TCPA litigation and found no evidence of collusion or preferential treatment, noting the agreement contains no clear sailing provision for fees and that uncashed funds will escheat to a legal aid organization.
A final fairness hearing is scheduled for August 17, 2026. Class members have 75 days from the preliminary approval date to submit claims, object to the settlement, or opt out.