Patients provide cell phone number to hospital, debt collection calls are okay under TCPA

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The 6th Circuit upheld the 2014 Ohio federal court’s decision in Mais v. Gulf Coast Collections Bureau stating that two hospital patients who provided their cell phone numbers to the hospital where they sought treatment, in effect, provided consent in accordance with the Telephone Consumer Protection Act (TCPA) to receive automated calls from the debt collection agency. The court said, “In sum, we find Mais persuasive and adopt its conclusion that consumer may give ‘prior express consent’ under the FCC’s interpretations of the TCPA when the provide a cell phone number to one entity as part of a commercial transaction, which then provides the number to another related entity from which the consumer incurs a debt that is part of the parcel of the reason they gave the number in the first place.” This is an important ruling for hospitals (and all healthcare providers) who ask for the patient’s cell phone number on intake forms. Remember, not only is it ok to use a patient’s cell phone number in this particular instance, but if you ask for consent using TCPA-compliant language directly on your intake forms, you can be even more sure that you are on the right side of the TCPA.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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