News & Analysis as of

Telephone Consumer Protection Act Health Insurance Portability and Accountability Act (HIPAA)

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

Privacy Summer School: 10 Things You Should Know About Privacy, Consent and HIPAA

Gardner Law on

Are you responsible for privacy compliance at your company? This alert summarizes key takeaways from Paul Rothermel's recent presentation 10 Things You Should Know About Privacy, Consent, and HIPAA...more

Manatt, Phelps & Phillips, LLP

REMINDER—New Rules Impacting Exempted Calls Now Effective

On July 20, 2023, the new Federal Communications Commission (FCC) rules amending various Telephone Consumer Protection Act (TCPA) exemptions for artificial or prerecorded voice calls to residential telephone lines became...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023

The FTC is Coming Soon to a Phony Earnings Scheme and Celebrity Endorser Near You - The FTC is making good on its promises to protect consumers from phony get-rich-quick opportunities, wrapped in costly training programs,...more

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

Lerman Senter PLLC

July 20, 2023 Effective Date Announced for TCPA Rule Amendments

Lerman Senter PLLC on

The FCC has announced an effective date of July 20, 2023 for rule amendments that affect certain calls to residential numbers that currently are exempt from the Telephone Consumer Protection Act’s (TCPA) prior express consent...more

Wiley Rein LLP

New TCPA Rules For Some “Exempt” Calls Will Go Into Effect on July 20, 2023

Wiley Rein LLP on

On January 20, 2023, the Federal Communication Commission (FCC or Commission) announced the long-awaited effective date of new requirements for certain calls that are otherwise exempt from the Telephone Consumer Protection...more

Troutman Pepper

More Privacy, Please - December 2022

Troutman Pepper on

Editor’s Note: In regulatory news, the Federal Trade Commission extended the deadline to comply with the Safeguards Rule, and Health and Human Services issued guidance for the use of online tracking technology under HIPAA. In...more

Troutman Pepper

An Inside Look as a Juror - FCRA Focus Podcast

Troutman Pepper on

Please join Consumer Financial Services Partner Dave Gettings and his guests and colleagues Jessica Lohr and Virginia Flynn who discuss their recent service as jurors on criminal cases, while also providing valuable insight...more

Faegre Drinker Biddle & Reath LLP

“Pretext” Theory Could Turn Calls Regarding Free Health Care Services into Prohibited Solicitations, District of New Jersey Holds

The District of New Jersey recently endorsed the view that calls regarding the availability of free services may plausibly qualify, at the pleadings stage, as “telephone solicitations,” and as such be subject to the Do Not...more

Lathrop GPM

2022 Legal Guide to Privacy and Data Security

Lathrop GPM on

Facial recognition technology, drones the size of a butterfly, secure microchips replacing magnetic stripes on credit cards, sensors the size of a grain of sand swallowed by patients that transmit data directly to the...more

Sheppard Mullin Richter & Hampton LLP

Eye On Privacy: 2021 Year in Review

Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more

Fox Rothschild LLP

Top 3 Compliance Issues to Consider When Implementing Cannabis Loyalty Programs

Fox Rothschild LLP on

In the age of information, data is king. Keeping that point in mind, cannabis companies are flocking to build defensible market positions through cannabis loyalty programs. Cannabis loyalty programs are becoming more popular...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

Manatt, Phelps & Phillips, LLP

Recent FCC Orders Implementing the TRACED Act

In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act—or TRACED Act (Act)—with the goal of complementing the now decades-old Telephone Consumer Protection Act (TCPA) to stem the tide of...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

Foley & Lardner LLP

Telemedicine and Texting: Telephone Consumer Protection Act

Foley & Lardner LLP on

Telemedicine and remote patient monitoring companies often want to maintain open communication channels with patients, whether it be scheduling, medication reminders, engagement pings, or even new product and service updates....more

Sheppard Mullin Richter & Hampton LLP

Top 10 Diligence Issues in Lead Generation Mergers and Acquisitions

As anyone who has been through a corporate sale process can tell you, there is no such thing as a “standard” M&A transaction. Every deal is different and presents a unique set of challenges. This is especially true of...more

Jackson Lewis P.C.

Top 10 For 2021 – Happy Data Privacy Day!

Jackson Lewis P.C. on

In honor of Data Privacy Day, we provide the following “Top 10 for 2021.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2021...more

Sheppard Mullin Richter & Hampton LLP

FCC Sets Volume Limits For Some Prerecorded Calls to Home Phones

The FCC recently adopted new rules that will limit the volume of calls that can be made to residential phones under certain TCPA consent exceptions. The new rules affect non-telemarketing calls that use an artificial or...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

Jackson Lewis P.C. on

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Wiley Rein LLP

TCPA Update: FCC Imposes New Call Limits and Opt-Out Requirements

Wiley Rein LLP on

On December 30, 2020, the Federal Communications Commission (FCC or Commission) released a Report and Order updating a number of Telephone Consumer Protection Act (TCPA) exemptions. The Report and Order codifies exemptions...more

Sheppard Mullin Richter & Hampton LLP

2020 In Review: Ongoing Enforcement Actions and a Patchwork of Privacy Laws

Throughout 2020 we saw many enforcement actions brought by EU and U.S. regulators. Whether for allegations of deception (misleading privacy representations) or unfairness (failure to protect information), COVID did not appear...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – October 2020

CFPB Issues Final Debt Collection Rule - Among other points, the first installment allows for using text messaging and email when collecting on debts, provided that the debt collector gives instructions about how to...more

Manatt, Phelps & Phillips, LLP

FCC Issues Declaratory Ruling and Order in Anthem, Inc.

On July 25, 2020, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling and Order in response to a 2015 petition by Anthem, Inc, a provider of health insurance (Anthem). Anthem requested that...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

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