Enhance Health Lawsuit: Allegations, Settlement, and Aftermath

The Enhance Health lawsuit was a federal class action filed in April 2024 in the U.S. District Court for the Southern District of Florida, accusing the Fort Lauderdale-based digital insurance brokerage, its CEO Matt Herman, Bain Capital, and several affiliated companies of running a racketeering enterprise that used deceptive advertising and unauthorized plan switching to enroll low-income consumers in Affordable Care Act plans and siphon broker commissions. The case, Turner et al. v. Enhance Health, LLC et al., settled in April 2025 and was dismissed by the end of May 2025.¹

What the Lawsuit Alleged

The complaint described a lead-to-enrollment pipeline built on false advertising. Minerva Marketing, doing business as Number One Prospecting and run by Brandon Bowsky, placed social media ads on Facebook and Snapchat promising consumers “$6,400” in government stimulus money or “flex cards” for groceries, rent, and bills. Some ads featured AI-generated deepfake videos of Taylor Swift, Joe Rogan, and Steve Harvey. No such government program existed, and the Biden administration eventually issued a public denial.²

Consumers who called in were routed to Enhance Health call centers, where agents were allegedly trained to deflect questions about the promised cash and instead collect enough personal information to enroll the caller in an ACA plan. Minerva’s ad-generated leads reportedly converted three times better than standard insurance leads, and at the peak of the operation Enhance was paying Bowsky as much as $1 million per week for them.²

The suit alleged the scheme did not stop at new sign-ups. Using only a consumer’s name, address, and date of birth, brokers could log into Enhanced Direct Enrollment portals connected to HealthCare.gov and reassign the agent of record on an existing policy, capturing the monthly commission that had been going to the consumer’s legitimate broker. This “AOR swap” was the core mechanism of the commission theft claim.²

The complaint described several related tactics. “Twisting” meant replacing a consumer’s plan with a similar or worse one to generate a new commission, often by making trivial changes to the profile such as altering an address or adding a middle initial. “Dual-apping” involved creating multiple applications for the same household, sometimes splitting families onto different plans without their consent and occasionally leaving members uninsured. Former employees also told the plaintiffs that agents coached unemployed callers to falsely report expected income of $15,000, the threshold needed to qualify for ACA subsidies.³²

The technology that made the switches possible came from Enhanced Direct Enrollment platforms operated by Speridian Technologies, including Benefitalign and Inshura. Those portals let brokers make changes to consumer accounts without going through HealthCare.gov’s standard oversight. In mid-2023, backed by Bain’s capital, Enhance Health bought its own EDE platform, Jet Health Solutions, to reduce its reliance on TrueCoverage’s technology.⁴

Who Was Sued

The named defendants were Enhance Health LLC; CEO Matt Herman; TrueCoverage LLC; Speridian Technologies LLC; Benefitalign LLC; Minerva Marketing (Number One Prospecting LLC); Brandon Bowsky; Girish Panicker, who controlled Speridian; Matthew Goldfuss; and Bain Capital Insurance Fund L.P., which had backed Enhance with $150 million in capital. The complaint pleaded violations of the federal Racketeer Influenced and Corrupt Organizations Act and sought monetary damages and an injunction.⁵²

Enhance Health denied the allegations. Attorney Olga Vieira, representing the company, called the suit “without legal merit” and said the firm would “vigorously defend against these baseless claims.”⁵

The Plaintiffs and the Harm They Described

The case was filed on April 12, 2024, by attorneys Jason Doss and Jason Kellogg on behalf of four consumer plaintiffs (Conswallo Turner, Tiesha Foreman, Angelina Wells, and Veronica King) and two agent plaintiffs (NavaQuote LLC and WINN Insurance Agency LLC). It sought certification of two classes: consumers subjected to the enrollment and switching conduct, and legitimate brokers who lost commissions.³

Turner, a Texas consumer, alleged her ACA coverage and assigned agent were changed five times without her consent after she responded to a misleading Facebook ad, leaving her with a higher-deductible plan and uncovered medical bills for her son.⁶ Wells said she was moved among three carriers in roughly two months after responding to a $6,400 cash-card ad.⁵ Consumers caught in these swaps often lost access to established doctors and prescriptions, faced surprise bills, and risked owing money to the IRS for subsidies they had not knowingly received.⁷ On the agent side, WINN Insurance Agency reported being stripped from more than 100 policies.⁸

The complaint’s allegations sat within a much larger pattern. The Centers for Medicare and Medicaid Services received more than 270,000 complaints in 2024 from consumers reporting unauthorized enrollments or plan switches.²

Settlement and Dismissal

On April 11, 2025, the parties filed a joint notice of settlement. Herman, Enhance Health, Bain Capital, and Bowsky settled. An Enhance Health spokesperson described the payment to Bloomberg as a “de minimis amount” covered almost entirely by corporate insurance and again called the case “meritless.”² TrueCoverage, Speridian, Benefitalign, Panicker, and Goldfuss were dismissed by stipulation by the end of May 2025. The docket is now inactive.¹ The terms of the settlement were not publicly disclosed beyond the company’s characterization.

Regulatory Fallout for the Companies Named in the Case

Federal regulators took separate action against parts of the same operation. Between June and October 2024, CMS suspended 850 brokers for suspected fraudulent activity and blocked agents from modifying a consumer’s enrollment unless they were already the agent of record. Unassociated agents now have to complete a three-way call with the consumer and the Marketplace Call Center before making any changes.⁹

In September 2024, CMS suspended TrueCoverage and Benefitalign from the marketplace, citing credible allegations of misconduct including unauthorized transmission of consumer data overseas.¹⁰ In November 2025, CMS issued a final determination of noncompliance against TrueCoverage, Inshura, and Benefitalign, barring the Speridian entities from entering into new Exchange Agreements for five years through Plan Year 2030. The investigation found that 95% of reviewed call recordings failed to capture all required elements of consumer consent, that consumer data had been routed through servers in India and the United Kingdom in violation of federal cybersecurity standards, and that the companies had relied on deceptive cash-card promotions to generate leads.¹¹

One boundary worth noting: despite the volume of complaints and the actions against its business partners, CMS has not formally sanctioned Enhance Health itself, and no state insurance regulator has been publicly reported to have taken action against the company’s or Herman’s licenses.

Where Enhance Health Stands Now

Matt Herman stepped down as CEO after the class action was filed. The company closed its Fort Lauderdale headquarters and moved to a smaller office in Clearwater, Florida. A company spokesperson told Bloomberg that Enhance “helps millions of Americans access affordable, quality health-care plans” and would soon announce “a significant expansion of our offerings.”²

1
Georgetown Law Litigation Tracker. Conswallo Turner et al. v. Enhance Health, LLC et al.
2
Bloomberg. Deepfake Ads Fueled a Florida Health Insurance Scheme
3
KFF Health News. Turner et al. Original Complaint
4
Georgetown Law Litigation Tracker. Turner et al. Amended Complaint
5
KFF Health News. ACA Fraud: Misleading Ads, Unauthorized Signups, and Switches
6
KFF Health News. Federal Lawsuit: Unauthorized ACA Plan Enrollment Switching
7
Atlanta Journal-Constitution. Lawsuit Alleges Obamacare Plan-Switching Scheme Targeted Low-Income Consumers
8
Georgetown Law Litigation Tracker. Turner et al. Court Docket
9
KFF. Fraud in Marketplace Enrollment and Eligibility: Five Things To Know
10
CMS. CMS Suspension Letter to TrueCoverage and Benefitalign
11
CMS. Speridian Notice of Final Determination