How DC Circ. TCPA Decision Affects Health Care Cos.
The D.C. Circuit, on March 16, 2018, struck a blow to health care industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act from liability under the Telephone Consumer Protection Act of 1991. In its unanimous decision in ACA International v. Federal Communications Commission, the D.C. Circuit affirmed the Federal Communications Commission’s holding in its 2015 declaratory ruling and order exempting certain exigent health care-related calls from the TCPA’s consent requirement, but leaving callers subject to TCPA liability for “billing- and account-related” health care calls made to wireless numbers.