Second Circuit’s TCPA Decision on Flu Shot Reminder Texts

Flu Shot Text Row Boosts TCPA Defense as Big Ruling Looms
– Law360

Manatt’s Christine Reilly, chair of the firm’s TCPA compliance and class action defense practice, was interviewed by Law360 for an article on a suit surrounding a flu-shot reminder text.

On Jan. 3, the Second Circuit published a decision tackling the question of whether Mount Sinai Health System and its affiliates violated the Telephone Consumer Protection Act by sending the plaintiff (and potential class members) a text message encouraging the recipient to schedule a flu-shot appointment. The decision states that Mount Sinai was exempt from having to obtain prior written consent, as the plaintiff had signed new-patient forms a decade earlier.

“Mount Sinai represents a common sense approach to the TCPA, especially in the healthcare context,” said Reilly. “Here, plaintiff voluntarily provided his telephone number in connection with healthcare treatment at the facility. Game over. He had no claim.”