Class Action Suit Filed for Selling of False Reports About Consumers’ Prescription and Medical Histories

Milliman IntelliScript, a Seattle-based consumer reporting agency that gathers and sells reports about consumers’ prescriptions and medical histories, was sued today in a class action lawsuit filed in Washington federal court. The lawsuit alleges that Milliman IntelliScript violates the U.S. Fair Credit Reporting Act by including false information in its reports on consumers, improperly requiring consumers who challenge the accuracy of its reports to prove that Milliman IntelliScript’s reports are false, and failing to disclose the sources of the false information the company includes in its reports.

According to the complaint, in April 2020, the plaintiff in the case, James Healy, applied for life insurance. The life insurance company he applied to requested a consumer report from Milliman IntelliScript about Mr. Healy, including his prescription and medical history. The life insurance company gave Milliman IntelliScript his first and last name, social security number, and full date of birth. On April 21, 2020, Milliman IntelliScript provided the life insurance company with a report on Mr. Healy.

However, according to the complaint, Milliman IntelliScript’s report was grossly inaccurate. Its prescription history included thirteen medications Mr. Healy had never been prescribed nor had taken. And the report’s medical history contained 176 different entries for medical care Mr. Healy never received, for conditions he never had, including osteoarthritis, diabetes, liver disease, chest pains, and sleep apnea. As a result of Milliman IntelliScript’s report, Mr. Healy’s life insurance application was denied.

After being contacted by Mr. Healy regarding its report, according to the complaint, Milliman IntelliScript did not disclose the sources of the false information that it included in its report. In addition, after Mr. Healy disputed the accuracy of the report, Milliman IntelliScript directed Mr. Healy to do a number of tasks to verify his dispute including obtain records of his thirteen prescriptions from the pharmacies on its report despite the pharmacies not having any record of Mr. Healy because those prescriptions were not his. Milliman IntelliScript allegedly neither conducted any reinvestigation of Mr. Healy’s claims that its report was inaccurate, nor did it remove any of the disputed information.

“Milliman IntelliScript’s misreporting here is a very serious problem that can cause major harm to a consumer.  By wrongfully misreporting other peoples’ medical and prescription histories to insurance companies, our client and other consumers are getting denied much needed life and disability insurance because Milliman fails to take its one job seriously,” said Jim Francis, a partner at Francis Mailman Soumilas, P.C., which is representing Mr. Healy and a class of similarly treated consumers.

Mr. Healy’s complaint alleges that Milliman IntelliScript violated the FCRA by failing to conduct a reasonable reinvestigation into the completeness and/or accuracy of the information he disputed or failing to delete the disputed information, and by failing to accurately and clearly disclose the true sources of the information in the consumer reports it sells to its customers.

“This lawsuit seeks to arrest a very serious problem for life and disability insurance applicants,” said John Soumilas, a partner at Francis Mailman Soumilas, P.C., and one of the attorneys for Mr. Healy. “We will not stop until we get Milliman to change its practices and get our client and other consumers the compensation and redress that they are entitled to.”

As the lead plaintiff in the class action, Mr. Healy seeks to represent: (i) all people residing in the U.S. and its Territories who, beginning five years prior to the filing of the complaint, disputed the information in a Milliman IntelliScript report about them and for whom the company neither conducted a reinvestigation nor deleted the disputed information within thirty days of it being disputed; (ii) all people residing in the U.S. and its Territories who, beginning five years prior to the filing of the complaint, disputed the information in a Milliman IntelliScript report about them and to whom the company sent a letter similar to the one it sent Mr. Healy regarding the records he needed to obtain in order for the company to verify his dispute; and (iii) all people residing in the U.S. and its Territories who, beginning five years prior to the filing of the complaint, to whom Milliman IntelliScript responded to a consumer request for information regarding their consumer report by not identifying the third party sources from which it obtained the information in that report.

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