As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., the Second Circuit has ruled that means a party to contract cannot unilaterally revoke consent to receive automated calls.
Continue Reading You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls
Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They Should Consider Their Options During The Annual Open Enrollment Period
By Jay Ramsey on
Posted in Health/Pharmaceuticals, TCPA
Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic “telemarketing” calls that the TCPA was meant to prevent. Recently, a spate of class actions have been filed against health care providers and health plans, alleging that routine calls to patients and health plan members constitute “telemarketing” under the TCPA if they mention a product or service, whether that be medications, appointments, or information about health plans.
Continue Reading Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They Should Consider Their Options During The Annual Open Enrollment Period