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Telephone Consumer Protection Act Health Care Providers

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing 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

Manatt, Phelps & Phillips, LLP

Texas Court Finds COVID Message Meets Emergency Purposes Exception

Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Healthcare Facility’s Use of Emergency Purpose Exception

The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more

Faegre Drinker Biddle & Reath LLP

PBM’s Policy Update Fax Not TCPA “Advertisement,” Says Eastern District of Missouri

Earlier this week, the U.S. District Court for the Eastern District of Missouri granted summary judgment for a pharmacy benefit manager (PBM) that allegedly violated the TCPA by sending unsolicited advertisements via fax to...more

King & Spalding

Are States Making COVID-19 Telehealth Emergency Measures Permanent?

King & Spalding on

Texas may be among the first of many states to enact laws that encourage providers to continue electronically communicating with and monitoring their patients after COVID-19 emergency regulations and governors’ orders expire....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

Faegre Drinker Biddle & Reath LLP

The FCC Clarifies that Certain Communications to COVID-19 Patients Fall with TCPA’s “Emergency Purposes” Safe Harbor

In a Public Notice issued July 28, 2020, the FCC confirmed that the TCPA’s safe harbor for calls or text messages made for “emergency purposes” applies to calls and text messages made by or on behalf of health care entities...more

Faegre Drinker Biddle & Reath LLP

FCC Affirms that Health Plans And Providers Cannot Offer Post-Call Opt-Out In Lieu Of “Prior Express Consent”

The FCC’s Consumer and Governmental Affairs Bureau last week issued a declaratory ruling resolving a long-pending Petition on the question of whether certain healthcare-related calls, given their significance and value for...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

Lathrop GPM

Federal Agencies Relax Rules with Goal of Aiding Health Care Providers in Delivering Care Remotely

Lathrop GPM on

FCC Permits Automatic Calls Under TCPA in Limited Circumstances and OIG Issues Special Fraud Alert Permitting Co-Insurance Waivers for Telehealth Services. TCPA Guidance Permits Automatic Calls - The COVID-19 pandemic...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

Brownstein Hyatt Farber Schreck

The FCC Exempts COVID-19-Related Health Care “Robocalls” From TCPA Liability

The Federal Communications Commission (FCC) issued an order on March 20, 2020, confirming that the COVID-19 pandemic constitutes an “emergency” under the Telephone Consumer Protection Act (TCPA) relieving hospitals, health...more

Faegre Drinker Biddle & Reath LLP

FCC Issues Ruling Applying TCPA’s “Emergency Purposes Exception” To Calls Addressing Health and Safety Risks Arising Out Of...

Acknowledging that “effective communications with the American public” is “a critical component” to efforts to slow the spread of the coronavirus, the Federal Communications Commission (FCC) released on its own motion, a...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

Womble Bond Dickinson

Court Provides Guidance on What Constitutes “Telemarketing” to Residential Phone Numbers

Womble Bond Dickinson on

In previous blog posts, we have emphasized how subtle the difference can be in defining what constitutes “telemarketing” under the TCPA. This is especially the case where the messages at issue are part of a residential number...more

Manatt, Phelps & Phillips, LLP

Significant Post-ACA International Developments - March 2019 #2

On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC. The decision—impacting a wide range of industries (including financial services, retail and...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

Dorsey & Whitney LLP

Healthcare Message Exempt under the TCPA’s Implementing Regulations

Dorsey & Whitney LLP on

The Dorsey Health Law blog team attempts to keep readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups for ideas...more

Womble Bond Dickinson

Sick of Waiting: Health Care Companies Urge FCC to Rule on Their July 2016 Petition Seeking Clarification on the TCPA Related to...

Womble Bond Dickinson on

Last Friday, a group of Health Care Companies issued a letter to the FCC requesting it to respond to their petition filed back in July 2016, which asked the FCC to clarify that the use of a health plan member’s telephone...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

Manatt, Phelps & Phillips, LLP

Health Insurance Quality Assurance Included Doctor Visits

By signing a health insurance enrollment form, a plaintiff consented to receive quality assurance calls about her medical provider, the U.S. Court of Appeals, Ninth Circuit held in affirming summary judgment in favor of the...more

Baker Donelson

Health Care Providers Beware: Consumer Finance Regulations Apply Medical Debt Collection

Baker Donelson on

While the prosecution of consumer banks and other lenders is the type of federal regulation that typically makes the headlines, many of the same debt collection regulations also apply to the collection of medical debts....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

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