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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 leads Smith Debnam’ s consumer financial services litigation and compliance group. In her practice, she defends consumer financial service providers and members of the collection industry in state and federal court, as well as in regulatory matters involving a variety of consumer protection laws. Caren also advises fintech companies, law firms, and collection agencies regarding an array of consumer finance issues. An active writer and speaker, Caren currently serves as chair of the Debt Collection Practices and Bankruptcy subcommittee for the American Bar Association’s Consumer Financial Services Committee. She is also a member of the Defense Bar for the National Creditors Bar Association, the North Carolina State Chair for ACA International’s Member Attorney Program and a member of the Bank Counsel Committee of the North Carolina Bankers Association. Most recently, she was elected to the Governing Committee for the Conference on Consumer Finance Law. In 2018, Caren was named one of the “20 Most Powerful Women in Collections” by Collection Advisor, a national trade publication. Caren oversees a blog titled: Consumer Financial Services Litigation and Compliance dedicated to consumer financial services and has been published in a number of publications including the Journal of Taxation and Regulation of Financial Institutions, California State Bar Business Law News, Banking and Financial Services Policy Report and Carolina Banker. ...LEARN MORE