As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone...more
8/28/2018
/ Auto-Dialed Calls ,
Cell Phones ,
Exemptions ,
Faxes ,
FCC ,
Health Care Providers ,
Opt-Outs ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
This Alert at a Glance -
The D.C. Circuit's opinion is a generally positive development for businesses as it rejects two of the most concerning aspects of the 2015 Federal Communication Commission's (FCC) Order—the broad...more
4/6/2018
/ Auto-Dialed Calls ,
Cell Phones ,
Consent ,
Exclusions ,
FCC ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
TCPA
Last week, the Northern District of Ohio dismissed a Telephone Consumer Protection Act (TCPA) case filed against CVS Health Corp., Lindenbaum v. CVS Health Corporation. The plaintiff sued CVS for placing at least six...more
Last week, the D.C. Circuit overturned the Federal Communications Commission's requirement that fax advertisements always include opt-out notices. In Yaakov v. FCC, the court held that the FCC lacks authority under the...more
In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more
1/31/2017
/ Appeals ,
Attorney's Fees ,
Class Action ,
Dismissals ,
Employer Liability Issues ,
Employment Contract ,
Fair Credit Reporting Act (FCRA) ,
Federal Rule 12(b)(6) ,
Fee-Shifting ,
Hiring & Firing ,
Job Applicants ,
Standing ,
Statutory Damages ,
Waiver of Liability ,
Willful Violations
Though not as common as they once were, fax advertisements continue to be used in several industries, particularly healthcare, where providers and manufacturers rely on faxes to comply with regulatory obligations. Earlier...more