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Fenwick & West LLP

Supreme Court's McLaughlin Decision Creates New Uncertainty for Healthcare Text Message Compliance

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The Supreme Court's decision in McLaughlin Chiropractic Associates v. McKesson Corporation seismically shifts how courts will evaluate FCC interpretations of the TCPA, creating new compliance challenges for healthcare...more

Smith Debnam Narron Drake Saintsing & Myers,...

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

Smith Debnam Narron Drake Saintsing & Myers,... on

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

Robinson+Cole Health Law Diagnosis

CMS Issues Guidance on Texting Patient Information

Robinson+Cole Health Law Diagnosis on

On December 28, 2017, the Centers for Medicare and Medicaid Services (CMS) published a memo to state survey agency directors clarifying its position on the use of text messaging among health care providers. ...more

Burr & Forman

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

Burr & Forman on

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

Buchalter

Avoiding the Costly “Robo No-No”

Buchalter on

The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more

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