CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
As AI Technology Gains Popularity, Legislation Follows in Illinois - Employment Law This Week® - Trending News
BakerHostetler Partner Alan Friel Talks Big Data and Data Collection
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
Reminders about the need for an eye exam do not always fall within the health care provider exemption of the Telephone Consumer Protection Act (TCPA) regulations, a federal court in Florida recently held....more
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
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
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
Last Friday, a group of Health Care Companies issued a letter to the FCC requesting it to respond to their petition filed back in July 2016, which asked the FCC to clarify that the use of a health plan member’s telephone...more
As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone...more
As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues related to their healthcare management, the potential for...more
By signing a health insurance enrollment form, a plaintiff consented to receive quality assurance calls about her medical provider, the U.S. Court of Appeals, Ninth Circuit held in affirming summary judgment in favor of the...more
The D.C. Circuit has handed down its long-anticipated ruling in ACA International v. Federal Communications Commission, and in doing so invalidated key aspects of the U.S. Federal Communications Commission’s 2015 Omnibus...more
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
The U.S. Court of Appeals for the D.C. Circuit, on March 16, 2018, struck a blow to healthcare industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act (HIPAA) from...more
On March 16, 2018, the U.S. Circuit Court of Appeals for the District of Columbia issued a groundbreaking decision in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l“) that...more
On February 21, 2018, the Second Circuit Court of Appeals affirmed a lower court’s grant of summary judgment in a TCPA defendant’s favor, holding that the TCPA plaintiff provided prior express consent for a “health care”...more
It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot...more
Earlier this month, the Second Circuit ruled that Mount Sinai Health System did not violate the Telephone Consumer Protection Act (TCPA) when it sent automated flu shot text message reminders to patients. The three-judge...more
The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more
In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more
We continue to await a ruling from the US Court of Appeals for the DC Circuit in the appeal of the Federal Communications Commission’s (FCC) July 2015 Omnibus Telephone Consumer Protection Act (TCPA) Declaratory Ruling and...more
On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more
In Zean v. Fairview Health Services, the U.S. Court of Appeals for the Eighth Circuit recently affirmed the district court's dismissal of a putative class action complaint under the Telephone Consumer Protection Act (TCPA)....more
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
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
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
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