The Federal Communications Commission clarifies that auto-dialed calls and SMS messages regarding COVID-19 are exempted from Telephone Consumer Protection Act (TCPA) consent requirements.
- Efforts to slow the spread of the disease depend on effective communications about measures to mitigate transmission of the illness, as well as other health and safety information.
- Automated calls to wireless numbers made necessary by imminent danger including “health risks” affecting health and safety are made for an emergency purpose and do not require prior express consent to be lawful.
Exempt Calls Include
- Hospital calling with vital and time-sensitive health and safety information
- Informational call to inform and update regarding measures to address the current pandemic by on on behalf of a health care provider
- County official calling to inform of shelter-in-place requirements, quarantines, medically administered testing information, or school closures.
Not Exempt
- Calls that contain advertising or telemarketing of services (e.g advertising a commercial grocery delivery service, or selling or promoting health insurance, cleaning services, or home test kits).
- Calls made to collect debt.
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