Telemarketing: HIPPA Can Reverse The Charges Under The TCPA

The Telephone Consumer Protection Act (TCPA) generally limits automatically dialed and prerecorded telemarketing calls to wireless and residential phones. In the past, healthcare providers and other "advertisers" could rely on an established business relationship (such as a previous purchase) to circumvent the need to obtain a consumer's written consent to receive certain telemarketing or advertising calls. Beginning October 16, the "established business relationship" exemption for prerecorded telemarketing calls will be eliminated from the TCPA. However, the good news for healthcare providers is that the Federal Communications Commission (FCC) retained the exempt organization exception and also adopted an exemption in this rule for certain automatically dialed and prerecorded healthcare-related calls by or on behalf of a covered entity or its business associates regulated under HIPAA.