News & Analysis as of

Debt Collection Health Care Providers Telephone Consumer Protection Act

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

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

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

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

K&L Gates LLP

Sixth Circuit Finds “Prior Express Consent” in Affirming Dismissal of TCPA Class Action against Healthcare Provider’s Debt...

K&L Gates LLP on

The Sixth Circuit (the “Court”) recently sided with a defendant-debt collector in a putative class action in which the plaintiffs claimed that the defendant’s calls to their cell phones violated the Telephone Consumer...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

Robinson+Cole Data Privacy + Security Insider

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

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...more

Buchalter

Avoiding the Costly “Robo No-No”

Buchalter on

The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more

Epstein Becker & Green

Recent FCC Ruling on the TCPA Has Important Implications for Health Care Companies

Epstein Becker & Green on

On July 10, 2015, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Order (“Declaratory Ruling”) in response to 21 separate requests seeking clarification or other action on the Telephone Consumer...more

BakerHostetler

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

BakerHostetler on

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more

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