News & Analysis as of

Health Care Providers Auto-Dialed Calls

Manatt, Phelps & Phillips, LLP

[Webinar] TCPA Guide for Health Care: Trends, Requirements and Strategies to Mitigate Risk - March 16th, 3:00 pm - 4:00 pm ET

Though its sponsors in 1991 intended it for small claims court, the Telephone Consumer Protection Act (TCPA) has turned into high-cost litigation with serious business, and even personal, consequences. The average cost of a...more

Foley & Lardner LLP

Telemedicine, Texting, and TCPA: Telephone Consumer Protection Act Update

Foley & Lardner LLP on

What does the new Supreme Court text message ruling mean for your digital health business? The Supreme Court ruled in favor of Facebook, holding that the Telephone Consumer Protection Act (TCPA) did not apply to Facebook...more

Brownstein Hyatt Farber Schreck

Best Practices to Mitigate Illegal Robocalls to Hospitals and Health Facilities

Illegal robocalls are more than annoying, they often involve fraudulent schemes. These calls can be particularly pernicious when made to hospitals or health facilities. Hospitals face a wide range of illegal robocalls,...more

Hogan Lovells

FCC Confirms that Certain COVID-19 Communications Fall Within the TCPA’s “Emergency Purposes” Exception

Hogan Lovells on

Health care providers and government officials have more clarity regarding the ability to place certain calls and texts about the novel coronavirus, thanks to recent action by the Federal Communications Commission (FCC)....more

Cooley LLP

Alert: FCC Grants Narrow Exemption to Robocall and Text Rules for COVID-19 Information

Cooley LLP on

In response to the COVID-19 pandemic, the FCC has issued a narrow order exempting healthcare providers and certain government entities from the prohibitions on autodialed and prerecorded telephone calls and automated text...more

Manatt, Phelps & Phillips, LLP

The TCPA and Healthcare: Consent, Exemptions and Risk Mitigation

Editor’s Note: The average cost of a Telephone Consumer Protection Act (TCPA) settlement is estimated at $6.6 million—and healthcare is among the top three industries being targeted for TCPA litigation. Though its sponsors in...more

Manatt, Phelps & Phillips, LLP

Everything Healthcare Organizations Need to Know About the TCPA

Editor’s Note: The average cost of a Telephone Consumer Protection Act (TCPA) settlement is estimated at $6.6 million—and healthcare is among the top three industries being targeted for TCPA litigation. Though its sponsors in...more

Eversheds Sutherland (US) LLP

REDIAL: 2018 TCPA Year-in-Review – Analysis of Critical Issues and Trends in TCPA Compliance and Litigation

Eversheds Sutherland is pleased to send you its fifth annual REDIAL: 2018 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our...more

Bass, Berry & Sims PLC

TCPA Exemptions for Healthcare Companies

Bass, Berry & Sims PLC on

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

Bass, Berry & Sims PLC

The Telephone Consumer Protection Act in the Healthcare Industry

Bass, Berry & Sims PLC on

As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues related to their healthcare management, the potential for...more

Fenwick & West LLP

DC Circuit Offers Companies Measure of Relief from FCC’s 2015 Omnibus TCPA Ruling

Fenwick & West LLP on

The D.C. Circuit has handed down its long-anticipated ruling in ACA International v. Federal Communications Commission, and in doing so invalidated key aspects of the U.S. Federal Communications Commission’s 2015 Omnibus...more

Dechert LLP

DC Circuit shuts down effort to limit TCPA liability for communicating health information

Dechert LLP on

The U.S. Court of Appeals for the D.C. Circuit, on March 16, 2018, struck a blow to healthcare industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act (HIPAA) from...more

Balch & Bingham LLP

That’s No Autodialer: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

Balch & Bingham LLP on

This article addresses the Court’s reversal of over a decade of confusion regarding autodialers. The TCPA defines an autodialer (automatic telephone dialing system, or ATDS) as “equipment which has the capacity (a) to store...more

Balch & Bingham LLP

Revoking Contractual Consent is Different: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

Balch & Bingham LLP on

Here, we address one significant component of the decision: the D.C. Circuit’s confirmation that consumers may revoke consent to call by any reasonable means but with the qualification that parties may be able to contract...more

Balch & Bingham LLP

No Safe Harbor for Reassigned Numbers: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

Balch & Bingham LLP on

Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more

Balch & Bingham LLP

D.C. Circuit Unwinds 2015 FCC TCPA Ruling: An Overview

Balch & Bingham LLP on

In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more

Farrell Fritz, P.C.

Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder

Farrell Fritz, P.C. on

It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot...more

Eversheds Sutherland (US) LLP

Call Waiting? Challengers Continue to Await Ruling in Appeal of 2015 TCPA Order

We continue to await a ruling from the US Court of Appeals for the DC Circuit in the appeal of the Federal Communications Commission’s (FCC) July 2015 Omnibus Telephone Consumer Protection Act (TCPA) Declaratory Ruling and...more

Womble Bond Dickinson

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

Womble Bond Dickinson on

On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

Robinson+Cole Data Privacy + Security Insider

TCPA Violations Claimed Against Rady Children’s Hospital in San Diego

Rady Children’s Hospital-San Diego (Rady) was hit with a proposed class action in California federal court this week for alleged violations of the Telephone Consumer Protection Act (TCPA) for autodialed debt-collection calls...more

Sheppard Mullin Richter & Hampton LLP

Do Routine Calls by Health Plans to Patients and Health Plan Members Constitute “Telemarketing” Under the Telephone Consumer...

Covered entities have a long list of laws and regulations governing their conduct, including their communications with patients, customers, and members. Specifically, the Health Insurance Portability and Accountability Act...more

Sheppard Mullin Richter & Hampton LLP

Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They...

Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic...more

BakerHostetler

Debt Collector for Affiliated Physician Group Can Rely on Patient Contact Consent Obtained by Hospital

BakerHostetler on

Careful drafting of consent and information release provisions can ensure that providers and affiliated physicians and their debt collectors can contact patient cell phones using automatic telephone dialing systems or...more

Ballard Spahr LLP

Creditor Can Obtain TCPA "Prior Express Consent" Through Intermediary, Sixth Circuit Rules

Ballard Spahr LLP on

A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more

Eversheds Sutherland (US) LLP

Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends

The Litigation Group of Sutherland Asbill and Brennan LLP has published REDIAL: Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends. This publication reflects our in-depth analysis of significant...more

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