A New Jersey federal court ruled that a class action plaintiff may assert a claim against the defendant company’s Director and General Manager (“Manager”) for personal liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) .
A California federal court ruled that a text asking a patient to rate the doctor – sent minutes after the examination by a company that contracts with the health care provider to send Patient Satisfaction Surveys – does not alone satisfy an inference that the text was sent by an Automatic Telephone Dialing System (“ATDS”) within the definition of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). Continue reading “TCPA Ruling: Text Asking Patient To Rate The Doctor”
A federal court ruled that a fax sent by a pharmacy benefit manager (“PBM”) to healthcare providers notifying recipients of changes to insured parties’ coverage for prescriptions – the fax mentioned the PBM’s business but did not promote any products or services – did not constitute an “advertisement” under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). The court applied the “commercial nature” test for a TCPA advertisement. Continue reading “TCPA Ruling: Health Insurance “Update” Fax Is Not A TCPA Advertisement”