Now On Demand: How Can You Protect Your Organization Against TCPA Litigation?

Barry LeePartner, Manatt, Phelps & Phillips, LLP

Manatt shared the answer at its recent webinar, “Telephone, Texts and the TCPA: What Every Healthcare Organization Needs to Know.” Click here to view the program free, on-demand (and earn CLE), download free copies of the presentation and access our new TCPA Quick Reference Guide.

The average cost of a Telephone Consumer Protection Act (TCPA) settlement is estimated at $6.6 million—and healthcare is among the top three industries being targeted for TCPA litigation. Though its sponsors in 1991 intended it for small claims court, the TCPA has turned into high-cost litigation with serious business, and even personal, consequences. Last year, an Illinois federal judge ruled that the CEO of a medical supply company was personally liable for $7.8 million in TCPA violations.

How can you protect your organization—and yourself? Manatt shared the answer at its recent webinar—and we want to be sure you don’t miss this important information. If you or anyone on your team were unable to attend the CLE-eligible program or want to view it again, click here to access it free, on-demand, download a hard copy of the presentation and access our new TCPA Quick Reference Guide. (Available free, the new TCPA Quick Reference Guide includes easy-to-use flow charts that help guide you to the right decisions around TCPA consent rules as well as a valuable list of TCPA “dos and don’ts.”)

The program provides an in-depth look at the TCPA and how it applies to healthcare communications, as well as shares approaches for mitigating your chances of facing litigation. It also clarifies the ambiguities at the intersection of the TCPA and the Health Insurance Portability and Accountability Act (HIPAA) and helps you evaluate the risks surrounding common healthcare messages. You will learn the answers to critical questions, including:

  • What is the TCPA’s purpose—and what potential damages could you face?
  • What are the consent requirements—and what triggers them?
  • What are the latest litigation and settlement trends?
  • How can you distinguish between informational and marketing calls (and why is that distinction important)?
  • What is (and is not) an autodialer?
  • What does “prior express consent” really mean—and how can you satisfy Federal Communications Commission standards?
  • What are the TCPA’s healthcare message exemptions? What types of calls are covered—and what kinds of consent are required for different message categories?
  • Which healthcare-related messages are covered by the TCPA exemptions—and what is (and is not) marketing under HIPAA?
  • How do HIPAA Privacy and Security Rules regulate how healthcare stakeholders use and disclose protected health information (PHI)?
  • How does the disconnect between HIPAA and TCPA terminology create compliance challenges?
  • What are the best practices for mitigating TCPA litigation risks?

If you have any questions or issues you’d like to discuss after viewing the webinar, please reach out to our presenters:

Justin Jones Rodriguez, Associate, Litigation, at [email protected] or 310.312.4103