Telecommunications, TCPA, Health Care Providers

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

Fenwick & West LLP on 7/16/2025

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

Federal Agencies Relax Rules with Goal of Aiding Health Care Providers in Delivering Care Remotely

Lathrop GPM on 3/27/2020

FCC Permits Automatic Calls Under TCPA in Limited Circumstances and OIG Issues Special Fraud Alert Permitting Co-Insurance Waivers for Telehealth Services. TCPA Guidance Permits Automatic Calls - The COVID-19 pandemic...more

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

Smith Debnam Narron Drake Saintsing & Myers,... on 1/15/2018

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

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

Burr & Forman on 1/8/2018

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

Do Routine Calls by Health Plans to Patients and Health Plan Members Constitute “Telemarketing” Under the Telephone Consumer...

Sheppard Mullin Richter & Hampton LLP on 1/19/2017

Covered entities have a long list of laws and regulations governing their conduct, including their communications with patients, customers, and members. Specifically, the Health Insurance Portability and Accountability Act...more

Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They...

Sheppard Mullin Richter & Hampton LLP on 1/19/2017

Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic...more

Avoiding the Costly “Robo No-No”

Buchalter on 9/17/2015

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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