ACA International members from Frost-Arnett Company analyze the state of the TCPA, best practices as well as tips for compliance in the health care world.
10/29/2018 15:00
By George Buck and Judd Peak, Frost-Arnett Company
For the uninitiated, the Telephone Consumer Protection Act (TCPA) can pose a minefield of compliance challenges. Yet, understanding this area of law is critical to being able to communicate effectively with patients.
What Does The TCPA Do?
At its core, the TCPA is a simplistic statute. The law prohibits using an automated telephone dialing system (ATDS) or an artificial or pre-recorded voice to dial a consumer’s mobile telephone.[1] That’s it. Victims of violations have a private right of action to sue and recover up to $500 “per violation.”
However, the devil is often in the details, which makes this a heavily litigated area. One thing most practitioners can agree on is that there is no single, universal definition of “automated telephone dialing system.”
The precise type of telephony equipment that may run afoul of the TCPA is subject to much debate. Further complicating the problem, the TCPA also applies to text messages and facsimile transmissions – not just telephone calls, according to Buck and Peak.
In the article, they also cover risks under the current TCPA, unknowns in TCPA litigation, best practices and tips for compliance.
Read the complete article on the Nashville Medical News Blog.
Buck is the president of Frost-Arnett, an ACA International member company in Nashville. Peak the company’s chief compliance officer and general counsel. This article excerpt is reprinted with permission of Nashville Medical News. If you are interested in sharing articles and analysis on legal cases, industry laws and regulations or other relevant topics for possible publication with ACA International, email our Communications Department at [email protected].