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.
To help you navigate the complexities of the TCPA, Manatt has created a TCPA Quick Reference Guide with easy-to-read flow charts that guide you to the right decisions around TCPA consent rules for both residential landlines and mobile phones. The Guide also includes a checklist of key steps to follow in obtaining prior express written consent for marketing calls and texts—as well as a valuable set of TCPA “dos and don’ts.”
To download the full TCPA Quick Reference Guide, click here.
To view our recent webinar on “Telephone Texts and the TCPA: What Every Healthcare Organization Needs to Know”—providing an in-depth look at the TCPA and how it applies to healthcare communications—click here. The webinar shares approaches for mitigating your chances of facing litigation, 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.