News & Analysis as of

Healthcare Telephone Consumer Protection Act

Faegre Drinker Biddle & Reath LLP

Inherently Individualized Issues of Fact Cause Court to Deny Dismissal and Certification in Case Targeting Health Care Calls

Depending on whether you’re a glass-half-full or glass-half-empty kind of person, plaintiff and defendant both won or both lost when a judge in the Northern District of Illinois recently denied in one fell swoop both the...more

Faegre Drinker Biddle & Reath LLP

Fourth Circuit Broadens TCPA’s Reach Over ‘Unsolicited Advertisements’

The Fourth Circuit Court of Appeals has recently handed down a decision that impacts the TCPA landscape. In Family Health Physical Medicine, LLC v. Pulse8, LLC, the court reversed a lower court’s dismissal of a TCPA claim,...more

Carlton Fields

Racing Ahead: Privacy, Cybersecurity, and AI Heats for the Life Insurance Industry

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Drivers, start your engines. It has been months of high speed for privacy, cybersecurity, and artificial intelligence....more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit’s back-to-back rulings shed light on TCPA’s applicability to unsolicited faxes

The 7th Circuit recently issued a decision in Smith v. First Hospital Laboratories, Inc., holding that in some “narrow situations” a fax offering to buy a product or service might be considered an advertisement under the TCPA...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

Faegre Drinker Biddle & Reath LLP

Eastern District of Pennsylvania Holds That Differentiating Service Is an “Advertisement” and Defendant’s Intent in Sending Fax Is...

The Eastern District of Pennsylvania recently reaffirmed that an objective “four corners” standard governs whether faxes are “advertisements” that must meet the TCPA’s consent requirement. Separately, any fax that compares...more

Pierce Atwood LLP

New England and First Circuit Class Action Tracker

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Pierce Atwood's Class Action Defense group is pleased to present this New England and First Circuit Class Action Tracker, which focuses on the filings and decisions in state and federal courts within the boundaries of the...more

ArentFox Schiff

FCC Provides Some Clarity On Healthcare Messages, Indirectly Confirms No Requirement To Use Free-To-The-End-User Texts

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On January 23, 2023 the Federal Communications Commission’s (FCC) Consumer and Governmental Affairs Bureau released a Declaratory Ruling addressing a request for clarification submitted by US Department of Health and Human...more

Manatt, Phelps & Phillips, LLP

Lack of Patient-Provider Relationship Dooms Health Care Exemption

Ruling on the health care exemption in the context of phone calls from an eye care provider, the U.S. District Court, Northern District of Illinois recently held that a plaintiff’s Telephone Consumer Protection Act (TCPA)...more

ArentFox Schiff

HHS Asks FCC To Clarify TCPA Rules for Health Care Messages

ArentFox Schiff on

Comments sought regarding the permissibility of messages relating to Medicaid and other health coverage programs. The FCC is seeking comment on a request for clarification submitted by the Department of Health and Human...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

Texts Regarding COVID Vaccine Eligibility Are Not Actionable Under TCPA, Texas Northern District Holds

The U.S. District Court for the Northern District of Texas recently held that unsolicited text messages that simply inform recipients of the availability of a free COVID-19 vaccine are protected by the “emergency purposes”...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

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

Foley & Lardner LLP

Telemedicine and Texting: Telephone Consumer Protection Act

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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

Faegre Drinker Biddle & Reath LLP

Some Clinical Trial Calls Now Eligible for the FCC’s Revised TCPA Exemption

The TRACED Act’s December 30, 2020 deadline was not the end of the FCC’s recent series of actions to bring more clarity to certain forms of TCPA exemptions. Most recently, on January 15, 2021, the FCC issued a Declaratory...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

Faegre Drinker Biddle & Reath LLP

FCC Proposed Rulemaking Presents an Opportunity to Reshape Some Existing TCPA Exemptions

Over the years, one of the biggest challenges many businesses face when assessing TCPA risks posed by a new calling or texting campaign has been determining whether the proposed use case can defensibly rely on one of the...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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - September 2019

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The Wolcott school system in Wolcott, Connecticut has been recovering for four months from a ransomware attack that hit its system at the end of the school year. Last week, it was hit with a second attack. According to...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - April 2019

Robinson & Cole LLP on

New malicious malware dubbed “Gustuff” targets big banks, fintech companies and cryptocurrency apps, according to the security firm Group IB. ...more

Robinson+Cole Data Privacy + Security Insider

Medical Marijuana Delivery App Agrees to Settle TCPA Case for $1.75M

The “Uber of weed” app developed by Eaze Solutions, Inc. (Eaze) provides information to users about the delivery of recreational and medical marijuana throughout California....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

Smith Debnam Narron Drake Saintsing & Myers,...

DC Circuit Turns Away Healthcare Challenges to TCPA Declaratory Ruling

In ACA International v. Federal Communications Commission, 2018 U.S. App. LEXIS 6535 (2018), the DC Circuit rejected a series of challenges to the FCC’s 2015 Declaratory Ruling brought by Rite-Aid related to the...more

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