Frequently Asked Questions

A federal court authorized this notice to inform you that this class action may affect your rights.
 

You are receiving this notice because you have been identified in the call records of Lincare as having received one or more prerecorded voice calls on your cellular phone from Lincare purportedly without consent. The calls contained the following or similar recording:
 

“This is your supply center, calling you with an important message regarding your supplies. Please give us a call back at 1-888-544-2715.”

Janet Morris filed a class action lawsuit against Lincare, alleging Lincare violated the Telephone Consumer Protection Act (“TCPA”) and the Florida Telephone Solicitations Act (“FTSA”), by placing prerecorded voice calls to cellular telephone numbers purportedly without consent. On February 25, 2025, the United States District Court for the Middle District of Florida certified this case as a class action on behalf of Ms. Morris and all other persons who received prerecorded calls from Lincare purportedly without consent.
 

Ms. Morris has filed a motion for summary judgment, requesting the Court award her and each member of the Class $500 per call received in violation of the TCPA, and $500 per call received in violation of the FTSA. Ms. Morris will also request for the Court to impose additional damages under each law of $1,000 per call if Lincare is found to have acted knowingly and willfully in violating the law.
 

Lincare denies that it did anything wrong and denies that it violated the TCPA or the FTSA.
 

Lincare has also filed a motion for summary judgment on the grounds that the messages delivered a “healthcare message” under the TCPA and that Class Members provided adequate consent to receive the calls under the TCPA and FTSA.
 

The Court has not yet decided who is right.
 

The case is pending in the following federal court: United States District Court for the Middle District of Florida.

The TCPA is a federal law that restricts telephone solicitations and the use of prerecorded voice calls to cellular telephones without prior express written consent, unless the Health Care Rule applies, in which case consent is satisfied by the consumer merely providing their telephone number.
 

Similarly, the FTSA is a Florida law restricts telephone solicitations and the use of prerecorded telephonic sales calls to cellular telephones without prior express written consent. Telephonic sales calls do not include calls to individuals with whom the caller had an established business relationship.

In a class action, one person called the “Class Representative” (in this case, Janet Morris) sues on behalf of themselves and other people with similar claims. 
 

All of the people who have claims similar to the Class Representative are Class Members, except for those who exclude themselves from the class, among others.

The Court certified the following classes:
 

TCPA Class: All persons within the United States whose cellular telephone number was provided to Defendant by American HomePatient, Inc., and who, within the four years prior to the filing of this lawsuit, received one or more prerecorded voice calls, on their cellular telephone, requesting a return call to Defendant. 
 

FTSA Class: All persons with a Florida area code whose cellular telephone number was provided to Defendant by American HomePatient, Inc., and who, since July 1, 2021 through the filing of this lawsuit, received one or more prerecorded calls, on their cellular telephone, requesting a return call to Defendant.
 

You can find additional information about the court’s decision to certify the class in the court’s memorandum decision and order, which is available in the “Court Documents” section. 
 

If you have any questions about whether you are a Class Member, please contact Class Counsel, whose contact information is listed in FAQ 10.

Ms. Morris has filed a motion for summary judgment, requesting the Court award her and each member of the Class $500 per call received in violation of the TCPA, and $500 per call received in violation of the FTSA. Ms. Morris will also request for the court to impose additional damages under each law of $1,000 per call if Lincare is found to have acted knowingly and willfully in violating the law. 
 

Lincare denies that it did anything wrong and denies that it violated the TCPA or the FTSA.
 

Lincare has also filed a motion for summary judgment on the grounds that the messages delivered a “healthcare message” under the TCPA and that Class Members provided adequate consent to receive the calls under the TCPA and FTSA.
 

The Court has not yet decided who is right.

You may exclude yourself from this class action—in which case you will not receive any payment as a result of this class action if Ms. Morris wins her summary judgment motion or at trial, but preserve your opportunity to pursue claims against Lincare on an individual basis (no matter which side wins at summary judgment or at trial)—by mailing a written request for exclusion to the claims administrator, at the address set forth below, postmarked by Monday, August 11, 2025:

Morris v. Lincare, Inc.
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

You must include in your request for exclusion your:

• Full name;
• Address;
• The cellular telephone number that Lincare called, demonstrating that you are a member of the class; and
• A clear and unambiguous statement that you want to be excluded from this case, such as “I request to be excluded from the class in Janet Morris v. Lincare, Inc.”

You must sign your request personally. If any person signs on your behalf, that person must attach a copy of a power of attorney authorizing his or her signature.

No. Unless you exclude yourself, you give up the right to sue Lincare. You must exclude yourself from this class action in order to pursue your own lawsuit against Lincare.

If you exclude yourself, you give up the possibility of receiving any money resulting from this class action in the event that Ms. Morris wins her summary judgment motion or at trial. However, if you exclude yourself, you will have the opportunity to file or proceed with, an individual action against Lincare (no matter which side wins at summary judgment or at trial). You will, upon being excluded from the class, not be bound by any orders or judgments that the court issues in connection with this class action. If you plan to exclude yourself and file an individual action against Lincare, you will have to find and hire your own lawyer, if you want a lawyer to represent you. You will also have to independently prove your claims.

The Court has appointed the following lawyer as “Class Counsel” to represent the Class Members:

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

If you are a Class Member, and you do nothing, you will remain in the class and preserve the possibility of receiving money as a result of this class action if Ms. Morris wins her summary judgment motion or at trial. Additionally, if you are a Class Member, and do nothing, and Lincare wins its summary judgment motion or at trial, you will give up your right to file (at your own expense), or proceed with, an individual action on your own behalf against Lincare for the claims at issue in this class action (no matter which side wins at summary judgment or at trial). You will also be bound by all orders and judgments that the court issues in connection with this class action.

You may review all documents filed with the court at the United States District Court for the Middle District of Florida. In addition, pertinent documents are available in the Court Documents section of this website. If you would like additional information about this class action, please contact Class Counsel. Please do not call the judge about this class action. Neither she, nor any court personnel, will be able to give you advice about this class action. Furthermore, because neither Lincare nor Lincare’s attorneys represent you, they cannot give you legal advice about this class action.
 

To update your contact information, you may contact the claims administrator by utilizing the Contact Us feature of this website, calling toll-free at (833) 420-3844, or by mailing:

Morris v. Lincare Inc.
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391