Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA
Consumer Financial Services Law
JANUARY 15, 2018
The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because it interprets the 2012 FCC Healthcare Exemption as providing an exemption as to prior written consent rather than a wholesale exemption from consent.
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