COVID-19: Hospitals And Health Care Providers Included In New Guidance On The Emergency Purpose Exception To The Telephone Consumer Protection Act (TCPA)
by Chanley Howell , Jennifer J. Hennessy , Thomas E. Chisena and Chloe Talbert
The Federal Communications Commission (FCC) has issued a Declaratory Ruling providing guidance (Guidance) on the implementation of the Telephone Consumer Protection Act of 1991 (TCPA) as COVID-19 continues to necessitate wider communications to inform the public and keep people connected. This Guidance confirms that COVID-19 qualifies as an "emergency" under the TCPA, making certain communications relating to and necessitated by the pandemic lawful under the "emergency exception" to the TCPA if certain caller and content requirements are satisfied. This article reviews the effect of this new Guidance and outlines guidelines to navigate compliance according to this clarification by the FCC.