At issue were a series of prerecorded calls sent by Optum stating the following:Hello, this is Optum calling for James Duran. The calls were apparently placed to a wrong number and not to the member Optum was trying to reach. Plaintiff countered that since there was nothing on the face of the message indicating the emergency-it could have been approval to buy toothpaste– and since it was sent to a wrong number the motion should be denied. July 26, 2016) (“in many instances a patient’s ability to timely receive a prescribed medicine is critical in preventing a major health emergency”); Lindenbaum v. CVS Health Corp., No. The court also that the fact Optum called a wrong number was not dispositive as it is intent that matters.