Court Stops Alleged Deceptive Health Care Telemarketing Operation  

On January 23, 2026, the Federal Trade Commission announced that, at its request, a U.S. district court in Florida temporarily stopped the operations of numerous companies and individuals that the FTC alleges caused tens of millions of dollars in harm through the purported deceptive marketing of health care plans.

As alleged in the FTC’s complaint seeking injunction relief, Top Healthcare Options Insurance Agency, Inc. and 11 related defendants operate a deceptive telemarketing scheme that takes advantage of consumers looking for comprehensive health insurance.  They often target consumers shopping for comprehensive health insurance plans on the Internet, according to the FTC.  In reality, the FTC alleges, the plans the defendants sell are not comprehensive health insurance or equivalent to such plans, do not provide the promised coverage, and leave the buyers unprotected from, at times, crushing medical costs.

“Health insurance is one of the most important and costly purchases consumers buy for themselves and their families,” said FTC lawyer Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “Whether shopping for groceries or healthcare, affordability is front-and-center right now in consumers’ decision-making process. This makes ensuring they have all the information necessary to make informed choices even more important.”

The FTC alleges consumers are misled into entering personal information on websites that appear as if they offer comprehensive health insurance by promoting plans such as “Affordable Care Act Plans,” “Obamacare Health Insurance Carriers,” and “2024 Obama Care Plans.”  The websites, however, are purportedly actually built for lead generators who collect consumers’ information and sell it to the defendants or their vendors for telemarketing purposes, according to the complaint.

The complaint alleges that, when calling consumers, the defendants launch into a pitch designed to move prospective buyers away from comprehensive health insurance coverage and toward the plans they offer, which actually provide far less health care coverage than comprehensive plans, leaving the buyers exposed to thousands of dollars of out-of-pocket medical expenses.

The complaint charges the defendants with falsely representing that the limited benefits plans and medical discount memberships they sell:

  • are comprehensive health insurance, or the equivalent of such insurance;
  • are PPO plans;
  • provide substantial coverage for consumers’ specific needs, such as specific providers, types of medical services, or prescription medications; and
  • limit consumers’ responsibility for the cost of certain medical services to a fixed, low amount, for example, by using copays or deductibles.

The complaint alleges the defendants violated the FTC’s Telemarketing Sales Rule and the FTC Act.  It seeks refunds for affected consumers and other relief.  The court has entered a temporary restraining order against the defendants for their alleged law violations.

Richard B. Newman is an FTC CID attorney at Hinch Newman LLP. 

Informational purposes only. Not legal advice. This article is not intended to and should not be construed as legal advice. May be considered attorney advertising.

Richard Newman

Richard B. Newman is a nationally recognized FTC advertising compliance, CID investigation and regulatory enforcemetn attorney. He regularly provides advertising counsel and represents clients in high-profile investigations and enforcement proceedings initiated by the Federal Trade Commission, state attorneys general, departments of consumer affairs, and other federal and state agencies with jurisdiction over advertising and marketing practices. Richard is also an ecommerce lawyer and spam defense attorney. His practice additionally focuses upon false advertising defense, data privacy, cybersquatting, intellectual property law and transactional matters relating to the dissemination of national advertising campaigns, including the gamut of affiliate marketing, telemarketing, lead generation, list management and licensing agreements. Richard advises clients on how to minimize the legal risks associated with digital marketing, email marketing, telemarketing, social media influencer campaigns, endorsements and testimonials, negative option marketing models, native advertising, online promotions and comparative advertising,

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About This Blog and Hinch Newman’s Advertising + Marketing Practice

Hinch Newman LLP’s advertising and marketing practice includes two decades successfully resolving some of the highest-profile Federal Trade Commission (FTC) and state attorneys general digital advertising and telemarketing investigations and enforcement actions. As FTC attorneys, the firm possesses superior compliance knowledge and deep legal advocacy experience in the areas of advertising, marketing, lead generation, promotions, e-commerce, privacy and intellectual property law. It has also been selected to author the Consumer Protection Section of the prestigious American Lawyer Media International Federal Trade Commission: Law, Practice and Procedure Treatise, a comprehensive resource for developments of concern to advertisers, marketers and legal professionals that practice before the Commission. Through these advertising and marketing law updates, Hinch Newman LLP provides commentary, news and analysis on issues and trends concerning developments of interest to digital marketers, including FTC and state attorneys general advertising compliance, civil investigative demands (CIDs), and administrative/ judicial process. 

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