While health care providers have employed automated communications tools to improve patient awareness and engagement, increase treatment adherence and drive better health outcomes, many are unaware of the threat of liability under the Telephone Consumer Protection Act (TCPA).
Although enacted to curb abusive telemarketing robocalls, the TCPA is used by aggressive class action plaintiffs’ lawyers to target all companies that communicate via automated phone calls, text messages and faxes. Fueled by statutory damages of at least $500 per violation that can quickly add up to millions of dollars in class actions, TCPA suits have become one of the most frequent types filed in the federal courts—with no prospect of slowing down.
There are ways, however, to mitigate the risk of becoming the defendant in the next massive TCPA class action. Our Telephone Consumer Protection Act Team and Health Care Team provided an in-depth look at the TCPA’s requirements as applied to health care calls, current litigation trends, and compliance tips and best practices for health care companies.
- TCPA requirements for the most common calls made by health care companies.
- Statutory and regulatory exemptions for health care calls.
- The intersection of the TCPA and HIPAA privacy and consent rules.
- Dealing with vendors and insurers.
- Compliance tips and best practices.
Our experienced panelists have defended many leading health care companies in TCPA class actions and regularly advise on compliance programs and risk mitigation initiatives.
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