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]".
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