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Pharmacies The United States Federal Communications Commission

National Pharmacy Avoids TCPA Claim for Flu Shot Robocall under Health Care Rule Exemption

by Hinshaw & Culbertson LLP on

A judge in the Southern District of New York recently held that an automated, pre-recorded message sent on behalf of Rite Aid informing recipients to obtain a flu vaccine shot was exempted from the Telephone Consumer...more

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

by Womble Bond Dickinson on

In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA....more

Federal Court Finds That 2015 TCPA Safe Harbor Applies to Automated Flu Shot Reminders

by McDermott Will & Emery on

A recent decision from a federal court in California found that a retail pharmacy’s “flu shot reminder” calls to mobile phones fall within the FCC’s TCPA safe harbor for exigent health care treatment messages. But the holding...more

TCPA Health Care Exceptions Properly Applied In California

by Reed Smith on

The Telephone Consumer Protection Act (“TCPA”) potentially touches just about every kind of business, including the business of selling prescription drugs. That is what the Northern District of California grappled with...more

Avoiding the Costly “Robo No-No”

by 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

Dazed and Confused: The TCPA’s Health Care-Related Call Exemption

In early 2012, Robert Kolinek received an automated call on his cell phone from Walgreens reminding him to refill an eligible prescription. Despite the fact that even the plaintiff’s lawyers ultimately acknowledged that these...more

Alabama District Court Grants Pharmacy’s Motion To Dismiss, Holding Plaintiff’s Claim Barred Because She Provided Her Cell Phone...

by Burr & Forman on

After dropping off a prescription with Defendant, Plaintiff was asked for several pieces of information, including her cell phone number. According to Defendant, the number was needed “in case there were any questions that...more

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