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Rite Aid Prior Express Consent

Smith Debnam Narron Drake Saintsing & Myers,...

DC Circuit Turns Away Healthcare Challenges to TCPA Declaratory Ruling

In ACA International v. Federal Communications Commission, 2018 U.S. App. LEXIS 6535 (2018), the DC Circuit rejected a series of challenges to the FCC’s 2015 Declaratory Ruling brought by Rite-Aid related to the...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

Dorsey & Whitney LLP

D.C. Circuit Shuts Down Rite Aid’s Challenge to Expand Healthcare Exemptions under the TCPA and HIPAA

Dorsey & Whitney LLP on

On March 16, 2018, the U.S. Circuit Court of Appeals for the District of Columbia issued a groundbreaking decision in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l“) that...more

Smith Debnam Narron Drake Saintsing & Myers,...

Second Circuit Remains Firm That Flu Shot Reminders Are Health Care Messages Under the TCPA

Following up on its decision in Latner v. Mount Sinai Health System, Inc., 2018 U.S. App. LEXIS 114 (2nd Cir. Jan. 3, 2018), the Second Circuit has again held that a flu shot reminder was a health care message under the TCPA....more

Benesch

Second Circuit Confirms Prior Express Consent For “Health Care” Messages Need Not Be In Writing Under TCPA

Benesch on

On February 21, 2018, the Second Circuit Court of Appeals affirmed a lower court’s grant of summary judgment in a TCPA defendant’s favor, holding that the TCPA plaintiff provided prior express consent for a “health care”...more

Dorsey & Whitney LLP

Bottles of Ink: Court Observes that FCC’s Recent “Regulatory Crusade” Has Only Made the TCPA Murkier

Dorsey & Whitney LLP on

It should come as no surprise to readers of this blog that the TCPA is the subject of regular criticism by judges across the country. See e.g. Dominguez v. Yahoo!, Inc., No. 13-1887, 2017 U.S. Dist. LEXIS 11346, at *20 (E.D....more

Robinson+Cole Data Privacy + Security Insider

Rite Aid Beats TCPA Lawsuit Over Flu Shot Reminder Prerecorded Calls

A group of Rite Aid customers sued Rite Aid in December of 2014 for alleged violations of the Telephone Consumer Protection Act when it sent flu shot reminders to consumer’s cellphones without written consent....more

Burr & Forman

Focus on the TCPA: Consolidated Appeal of FCC’s TCPA Order Continues to Grow

Burr & Forman on

The Federal Communications Commission’s (FCC) July 10, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) was received by many in the business community with great concern. The Order’s seemingly...more

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