Does the TCPA Allow Automated Appointment Reminders?

TCPA

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. On July 10, the Federal Communications Commission (FCC) issued a Declaratory Ruling revising the Telephone Consumer Protection Act (TCPA). The new ruling outlines that the TCPA applies to text messages and includes Internet to phone technology.

We asked our friends at the national law firm Copilevitz & Canter what this means for ReminderCall.com customers.

Can I make healthcare-related appointment reminder calls or texts?

To a residential landline:

Healthcare-related appointment reminder calls can be made to a residential (landline) telephone without prior consent of the patient.

To a cell phone:

Healthcare-related appointment reminder calls or texts can only be made to a cell phone with prior express oral or written consent from the patient.

“Consent” means that the patient agreed to receive calls related to future appointments and did not make instructions to the contrary. These calls or texts cannot be made if the patient later revokes consent or if the number is disconnected and reassigned.

Can I make other (non-healthcare) appointment reminder calls or texts?

To a residential landline:

Other (non-healthcare) appointment reminder calls can be made to a residential (landline) telephone without consent. These “information-only” calls cannot include telemarketing.

To a cell phone:

Other (non-healthcare) appointment reminder calls or texts can only be made to a cell phone with prior express oral or written consent from the person. These calls cannot include telemarketing or advertisements and must be made strictly for informational purposes.

“Consent” means that the person agreed to receive calls related to future appointments and did not make instructions to the contrary. These calls or texts cannot be made if the person later revokes consent or if the number is disconnected and reassigned.

Can I make healthcare-related calls or texts to invite persons to an open-house event?

To a residential landline:

Healthcare-related open-house calls can only be made to a residential (landline) telephone with prior express written consent from the patient. These calls are considered telemarketing or advertisement calls because they may lead to the sale of goods or services.

To a cell phone:

Healthcare-related open-house calls or texts can only be made to a cell phone with prior express written consent from the patient. These calls are considered telemarketing or advertisement calls because they may lead to the sale of goods or services.

Can I make other (non-healthcare) calls or texts to invite persons to an open-house event?

To a residential landline:

Other (non-healthcare) open-house calls can only be made to a residential (landline) telephone with prior express written consent from the person. These calls are considered telemarketing or advertisement calls because they may lead to the sale of goods or services.

To a cell phone:

Other (non-healthcare) open-house calls or texts can only be made to a cell phone with prior express written consent from the person. These calls are considered telemarketing or advertisement calls because they may lead to the sale of goods or services.

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.

Copyright Reminder Services Inc. - 2017