Does the TCPA Allow Automated Reminders?

This information is not be used as substitute for legal counsel.

Although Reminder Services, Inc. cannot provide legal advice, we find it important to inform our customers of any changes in the law that may affect their business. In an April 1, 2021 ruling, the Supreme Court made some changes to the Telephone Consumer Protection Act (TCPA). To comply with this ruling, your business needs to take a look at the content of your messages and the source of the phone numbers that are being used. Using this information, your business can determine what type of opt-in to use.

We asked our friends at the national law firm Copilevitz & Canter for some guidance for ReminderCall customers.

Text Messages

Can I send medical appointment reminder text messages?

Yes, you may send text messages made to persons to confirm or remind them of an existing upcoming medical appointment, whether you have an existing business relationship or not (i.e. whether or not your business has had a transaction with the person within the past 18 months).

Can I send non-medical appointment reminder text messages?

Yes, you can send text messages made to persons to confirm or remind them of an existing upcoming non-medical appointment, whether or not you have an existing business relationship.

Can I send medical appointment marketing text messages?

Yes, as long as you have an existing business relationship. You may send marketing text messages made to persons who have previously had a medical appointment if you have an existing business relationship. These are messages sent to sell additional products or services. If you do not have an existing business relationship and are using a list of numbers, you must omit anyone who is on the federal “do-not-call” list. The federal “do-not-call” list can be purchased electronically from www.telemarketing.donotcall.gov and must be accessed every 31 days. The cost is $66 per area code (first 5 area code free); Maximum fee: $18,044 annually. That fee is set to increase in 2022.

Can I send non-medical appointment marketing text messages?

Yes, as long as you have an existing business relationship. You can send marketing text messages made to persons who have previously had a non-medical appointment if you have an existing business relationship. These are messages sent to sell additional products or services. If you do not have an existing business relationship and are using a list of numbers, you must omit anyone who is on the federal “do-not-call” list.

Can I send marketing text messages?

Yes, but not to customers that are on the federal “do-not-call” list. You may send text messages made to persons to sell additional products or services. If you do not have an existing business relationship and are using a list of numbers, you must omit anyone who is on the federal “do-not-call” list.

Phone Calls

Can I send medical appointment reminder calls?

Yes, but you must get permission first. You may not send pre-recorded calls to persons to confirm or remind them of an existing upcoming medical appointment without receiving prior opt-in. Opting in (or giving “express consent”) means that the customer has provided the telephone number to your business and has not instructed your business not to call it.

Can I send non-medical appointment reminder calls?

Yes, but you must get permission first. You may not send pre-recorded calls to persons to confirm or remind them of an existing upcoming non-medical appointment without first receiving an opt-in.

Can I send medical appointment marketing calls?

Yes, but you must get permission first. You may not send pre-recorded calls to persons who have previously had a medical appointment or call backs to sell additional products or services without receiving prior opt-in.

Can I send non-medical appointment marketing calls?

Yes, but you must get written permission first. You may not send pre-recorded calls to persons who have previously had a non-medical appointment or call backs to sell additional products or services without receiving prior written opt-in. A written opt-in is a signed agreement that clearly authorizes your business to send advertisements using an automated or pre-recorded voice to a specific phone number.

Can I send marketing calls?

Yes, but you must get written permission first. You may not send pre-recorded calls to persons in order to attempt to sell additional products or services without receiving prior written opt-in. 

For examples of written opt-in language, please visit our Frequently Asked Questions.

THIS INFORMATION IS NOT TO BE USED AS SUBSTITUTE FOR LEGAL COUNSEL. It is your responsibility to abide by any federal and state laws applicable to your use of RSI Services. Please refer to the Terms of Service for more information.

Updated 09/08/2021

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