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The Federal Communications Commission (the “FCC”) recently released its Declaratory Ruling and Order regarding the requirements of the Telephone Consumer Protection Act of 1991 (the “TCPA”). The FCC Order provides some good news for the healthcare industry, clarifying the TCPA’s application regarding calls to patients by healthcare providers, and granting an exemption from the TCPA’s prior express consent requirement for certain healthcare calls that are not charged to the end recipient.
Here’s what you need to know:
The Order also provides a limited exemption from the TCPA’s prior express consent requirement for certain non-telemarketing, healthcare calls that are not charged to the receiving party.
What Calls are Exempt?
What Calls are Not Exempt?
Requirements for Exempted Calls:
press-activated opt-out mechanism that enables the call recipient to make an opt-out request prior to terminating the call,
Caren Enloe is a partner who concentrates her practice in consumer financial services litigation and compliance, bankruptcy, and commercial litigation with an emphasis on creditor’s rights. She has a deep understanding of the complex compliance environment surrounding the financial services industry and regularly advises financial service companies on licensing and compliance issues involving state and federal consumer protection and finance statutes. Caren is the author of a daily blog titled: Consumer Financial Services Litigation and Compliance where she posts timely and informative updates regarding the CFPB, FTC, and a host of topical litigation issues involving consumer protection law....LEARN MORE