The average cost of a Telephone Consumer Protection Act (TCPA) settlement is estimated at $6.6 million—and healthcare is among the top three industries being targeted for TCPA litigation. Though its sponsors in 1991 intended it for small claims court, the TCPA has turned into high-cost litigation with serious business, and even personal, consequences. Last year, an Illinois federal judge ruled that the CEO of a medical supply company was personally liable for $7.8 million in TCPA violations. How can you protect your organization—and yourself? Find out at a new Manatt webinar.
The program will provide an in-depth look at the TCPA and how it applies to healthcare communications, as well as share approaches for mitigating your chances of facing litigation. It also will clarify the ambiguities at the intersection of the TCPA and the Health Insurance Portability and Accountability Act (HIPAA), and it will help you evaluate the risks surrounding common healthcare messages. You’ll learn the answers to critical questions, including:
- What is the TCPA’s purpose—and what potential damages could you face?
- What are consent requirements—and what triggers them?
- What are the latest litigation and settlement trends?
- How can you distinguish between informational and marketing calls (and why is that distinction important)?
- What is (and is not) an autodialer?
- What does “prior express consent” really mean—and how can you satisfy Federal Communications Commission standards?
- What are the TCPA’s healthcare message exemptions? What types of calls are covered—and what kinds of consent are required for different message categories?
- Which healthcare-related messages are covered by the TCPA exemptions—and what is (and is not) marketing under HIPAA?
- How do the HIPAA Privacy and Security Rules regulate how healthcare stakeholders use and disclose protected health information (PHI)?
- How does the disconnect between HIPAA and TCPA terminology create compliance challenges?
- What are best practices for mitigating TCPA litigation risks?
Christine Reilly, Partner and Lead, TCPA Compliance and Class Action Defense
Justin Jones Rodriguez, Associate, Litigation
Date and Time:
Tuesday, November 12, 2019
This program has been approved for 1.0 CA General MCLE credit, 1.0 NY CLE Professional Practice credit (transitional and non-transitional), and 1.0 IL General MCLE credit.