Expect TCPA Suits Over Prescription Messages In 2015

Law360, New York (January 6, 2015, 12:51 PM EST) -- As a variety of government initiatives push health care providers to better engage patients, organizations will need to avoid a number of landmines when navigating both the Telephone Consumer Protection Act and Health Insurance Portability and Accountability Act. Whether sending a refill reminder, an automated suggestion to obtain appropriate preventative care or a notice of an overdue bill, a lack of appropriate prior consent can lead to costly class actions and government fines.

Throughout 2014, there were several class actions alleging that nationwide pharmacy prescription reminders violated the TCPA by sending automated or prerecorded calls or text messages without the required...

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