Newsletters

02.26.20

The TCPA and Healthcare: Consent, Exemptions and Risk Mitigation

Informational calls include debt collection calls, appointment reminders, survey calls and payment reminders.


01.30.20

TCPA Doesn’t Cover Online Fax Services, FCC Rules

Unsolicited advertisements sent by fax to online fax services are not covered by the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) has ruled.  


01.30.20

TRACED Act Becomes Law

As expected, President Donald Trump signed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act into law on December 30, 2019.


01.30.20

TCPA Constitutionality Battle Wages On

In a Report and Recommendation denying a motion to dismiss violations of the Telephone Consumer Protection Act’s (TCPA) automatic telephone dialing system (ATDS) provision, a Florida federal court fueled the battle over the TCPA’s constitutionality by agreeing with other federal ...


01.30.20

Circuit Split Continues: Eleventh Circuit Rejects Expansive ATDS Definition

Deepening a circuit split, the Eleventh Circuit has weighed in on the hotly debated issue of what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) and has notably rejected the Ninth Circuit’s Marks v. Crunch San Diego, LLC, decision.


01.27.20

Everything Healthcare Organizations Need to Know About the TCPA

The TCPA does not regulate inbound telephone calls. When a patient calls a provider or another entity covered by the Health Insurance Portability and Accountability Act (HIPAA), the TCPA does not apply.


01.02.20

Denying Class Certification, Court Rejects Use of Affidavits

Siding with the defendant, a Massachusetts federal court judge denied certification of two classes in a putative Telephone Consumer Protection Act (TCPA) class action against a medical device manufacturer.


01.02.20

FCC Considering TCPA Liability for Follow-up Texts

Does a follow-up text in response to a consumer’s request to opt out where the sender communicates on multiple issues run afoul of the Telephone Consumer Protection Act (TCPA)?


01.02.20

TRACED Act, Bolstered by Bipartisan Support, Becomes Law

President Donald Trump signed into law new robocall legislation just before the end of 2019.


12.17.19

Now On Demand: How Can You Protect Your Organization Against TCPA Litigation?

Manatt shared the answer at its recent webinar “Telephone, Texts and the TCPA: What Every Healthcare Organization Needs to Know.”