United States:
Flu Shot Reminder Text Doesn't Violate TCPA
19 February 2018
Frankfurt Kurnit Klein & Selz
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In the continuing battle between would-be class action
plaintiffs and entities relying on text messaging to communicate
with consumers (and, here, patients), the Second Circuit has
stopped an action accusing the Mount Sinai Health System and an
affiliate of violating the TCPA by sending flu shot reminder text
messages. The court found that not only did the text messages
qualify for the healthcare exception to the TCPA's prior
written consent requirement (as found by the lower court), but that
the named plaintiff did in fact provide his express consent by
signing new patient forms three years earlier that granted the
hospital permission to his health information for "payment,
treated and hospital operations purpose[s]".
https://www.law360.com/consumerprotection/articles/998410/mount-sinai-flu-shot-text-doesn-t-violate-tcpa-2nd-circ-?nl_pk=f9a29aa0-1b17-4f88-ae71-f4ca89072304&utm_source=newsletter&utm_medium=email&utm_campaign=consumerprotection&read_more=1
www.fkks.com
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