U.S. Health Advisors Lawsuit: TCPA Rulings and BBB Status

The USHealth Advisors lawsuits are a series of Telephone Consumer Protection Act (TCPA) cases accusing the Fort Worth-based insurance sales company of making unsolicited telemarketing calls and sending marketing texts without consent, ignoring opt-out requests, and calling numbers on the National Do-Not-Call Registry. The cases stretch from a 2018 Texas class action that failed at certification to a May 2026 Fourth Circuit ruling that forced one plaintiff out of court and into arbitration.

The Company Behind the Calls

USHealth Advisors, LLC is the sales and distribution subsidiary of USHealth Group, Inc., which became a UnitedHealthcare company after UnitedHealth Group’s acquisition on August 30, 2019.¹ The company sells individual health, dental, and vision coverage through a network of more than 20,000 independently contracted agents.² That contractor structure has been central to how the litigation has played out: the company itself does not place most of the calls, and plaintiffs have had to argue that agents were acting on its behalf.

Hirsch v. USHealth Advisors (2018)

The first significant case was Aaron Hirsch v. USHealth Advisors, LLC et al., filed March 29, 2018, in the Northern District of Texas.² Hirsch alleged that USHealth Advisors and USHealth Group used automated dialing to place unsolicited calls and follow-up texts to consumers’ cell phones, kept calling after being asked to stop, and dialed numbers on the National Do-Not-Call Registry. The suit proposed four classes and sought between $500 and $1,500 per unlawful call or text, plus an injunction.³

On December 7, 2020, the court denied class certification. Hirsch could not show on a classwide basis that consumers had never consented or that the numbers called were residential. More importantly, because USHealth Advisors did not personally place the calls, liability depended on whether each individual agent was acting on the company’s behalf under common-law agency principles. With over 20,000 agents operating under different regional leaders and contracts that labeled them independent contractors, the court concluded that the “path from USHA to each residential phone number is unique,” making classwide resolution unworkable.²

A June 2019 mediation had already failed. After certification was denied, both sides asked to dismiss the case, and it was dismissed on January 6, 2021, with no reported settlement.³

Kramer v. USHealth Advisors (2024)

On November 25, 2024, the Southern District of Illinois allowed a putative TCPA class action to move forward against USHealth Advisors. The plaintiff in Kramer alleged the company kept sending marketing texts after he tried to opt out, including a reply that read “No DUCK OFF.”⁴

The court found that Kramer had alleged “more than enough” to state a claim. It ruled that he did not need to have registered his number on the Do-Not-Call list personally, and it treated the continued texting after repeated opt-outs as evidence that USHealth Advisors lacked a compliant do-not-call policy at all.⁴

Isaacs v. USHealth Advisors (2024)

A separate TCPA class action, Isaacs v. USHealth Advisors, LLC et al., No. 3:24-cv-00216, was filed on November 14, 2024, in the Northern District of Georgia before Judge Leigh Martin May.⁵ Beyond the TCPA classification, the specific allegations are not publicly detailed in initial filing records.

Sessoms v. USHealth Advisors and the Arbitration Ruling

The most consequential recent case is Cynthia Michelle Sessoms v. USHealth Advisors, LLC, filed in the Eastern District of North Carolina (No. 5:24-cv-00580). Sessoms alleged USHealth Advisors made prerecorded telemarketing calls to her without consent.⁶ The calls traced back to a form she had filled out on a lead-generation website run by NextGen Leads, LLC, doing business as FirstQuoteHealth.⁷

NextGen sells no insurance. It collects consumer information and sells it as leads to marketing partners like USHealth Advisors. Its Terms of Use required users to agree to receive telemarketing from those partners and included a broad arbitration clause covering “all claims, disputes or controversies” related to the website and the products or services of third parties.⁷

USHealth Advisors, which never signed that agreement, moved to compel arbitration as a third-party beneficiary. In August 2025 the district court refused, calling USHealth only an “incidental beneficiary.” USHealth appealed.⁶

The Fourth Circuit reversed on May 21, 2026. Applying Delaware law, it held that providing consent-based leads to marketing partners was central to NextGen’s business, not incidental, which made the benefit to USHealth Advisors a material part of the agreement. The court remanded with instructions to compel arbitration and stay the federal proceedings, taking the class action out of court.⁷

The practical effect reaches beyond this one plaintiff. Within the Fourth Circuit, downstream marketing partners can now enforce arbitration clauses buried in lead-generator Terms of Use even when they never signed those terms, which can push consumers who filled out online quote forms out of class actions and into individual arbitration.⁸

What the TCPA Allows

The Telephone Consumer Protection Act of 1991 restricts telemarketing calls, prerecorded messages, automated dialing, and unsolicited texts. Each violating call or text carries $500 in statutory damages, which a court can raise to $1,500 for willful or knowing violations, with no cap on total damages in a class action. Plaintiffs do not need to prove financial harm; receiving the unsolicited communication is enough.⁹

Better Business Bureau Status

USHealth Advisors lost its Better Business Bureau accreditation in June 2018. The BBB cited failure to adhere to advertising and selling standards, a pattern of consumers misunderstanding their coverage, and instances of agents who were also customers leaving positive reviews on the BBB site.¹⁰ The company remains unaccredited. As of early 2026, the BBB profile for US Health Advisors lists eight complaints over the prior three years, all in the “Sales and Advertising Issues” category, and all shown as unanswered by the business.¹¹

1
PitchBook. USHEALTH Group Company Profile
2
FindLaw. Hirsch v. USHEALTH Advisors, LLC
3
ClassAction.org. USHealth Advisors Telemarketing Complaints Lawsuit
4
TCPA World. USHealth Advisors Stuck in TCPA Class Action Suit Over Failure to Honor Revocation Opt-Outs
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Law360. Isaacs v. USHealth Advisors, LLC et al
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FindLaw. Sessoms v. USHealth Advisors, LLC
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U.S. Court of Appeals for the Fourth Circuit. Sessoms v. USHealth Advisors, No. 25-2086
8
Greenspoon Marder. Greenspoon Marder Secures Fourth Circuit Reversal in Sessoms v. USHealth Advisors
9
Federal Communications Commission. TCPA Rules
10
Ideastream. Buyer Beware: Answering Those Health Insurance Spam Calls
11
Better Business Bureau. US Health Advisors BBB Complaints