Healthcare Message Exempt under the TCPA’s Implementing Regulations

The Dorsey Health Law blog team keeps readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups within the firm for applicable updates from client publications. For this post, we would like to thank Dorsey’s Telephone Consumer Protection Act (“TCPA”) practice group, who writes monthly summaries about ongoing TCPA cases, for providing the following summary of note:

Healthcare Message Exempt under the TCPA’s Implementing Regulations

In Bailey v. CVS Pharm., Inc., No. 17-cv-11482, 2018 U.S. Dist. LEXIS 137049 (D.N.J. Aug. 14, 2018), the District of New Jersey Court granted CVS’ motion to dismiss plaintiff’s class action complaint for violation of the TCPA; defendant sent texts to customers notifying them that their prescriptions were ready for pick-up and included the words “flu shots available.”  Plaintiff had visited one of CVS’ pharmacies and provided her phone number to receive notification of when her prescription would be ready for pick-up.  The court granted the motion to dismiss, because it found the message to be a “healthcare message” which was exempt under the TCPA’s implementing regulations. The court also found that plaintiff had provided prior express consent to receive a message about a “health-related benefit” (e.g., the notification about the flu shot), because under the healthcare exemption, “an entity need only receive express consent, not written, to escape TCPA liability.”

You can read the rest of this month’s TCPA case summaries here.

Divya Gupta

Divya Gupta

Divya Gupta is a commercial litigation Partner with one of the nation’s most knowledgeable Telephone Consumer Protection Act (TCPA) defense-teams. She is experienced in handling complex cases in state and federal courts, both in-house and as outside counsel. Divya is particularly skilled in defending banks, finance companies, and other lenders in both individual and class action TCPA cases. Divya also has experience advising major financial institutions on TCPA compliance matter and regarding the applicability of the TCPA to new and emerging products and services. Likewise, she is further adept in handling matters involving the Fair Credit Reporting Act (FCRA). Divya’s legal background encompasses all aspects of civil litigation and includes assisting clients with internal investigations and compliance issues, drafting and arguing motions, conducting written and oral discovery, handling mediations and arbitrations, working with experts, and negotiating settlements.

Navdeep K. Singh

Navdeep Singh

Navdeep has a wide array of experience in general business and commercial litigation, including class actions and complex, multi-party litigation across multiple jurisdictions. He is well-versed in litigation involving a number of consumer protection laws, including the Telephone Consumer Protection Act (TCPA), FTC regulations and unfair trade practices acts. Navdeep has also previously represented pharmaceutical and insurance companies in mass tort litigation nationwide, and has also defended some of the nation’s largest commercial banks and financial institutions in state and federal courts across the country. Navdeep also has experience advising clients across several industries (including aviation, banking, food and beverage distribution, and international trade insurance) with regards to regulatory and compliance issues.

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