Читать книгу A Dentist’s Guide to the Law - American Dental Association - Страница 81

The Telephone Consumer Protection Act (TCPA) regulates certain telemarketing “robocalls,” text messages, and fax advertisements. Robocalls are communications made using automatic telephone dialing systems. Just make a covered call using equipment that is capable of automatic dialing may violate the act, even if the equipment’s automatic dialing feature was not used to make the call. There are exceptions for communications made with the recipient’s written “prior express consent” and recipients who have an “established business relationship” with the caller, as these terms are defined under the Act. There is also an exception for certain healthcare messages.

It appears unlikely that the TCPA would apply to dental practice’s routine appointment reminder telephone calls and text messages, but these are limitations to the healthcare message exception.

A TCPA violation can result in damages of actual monetary loss or $500, plus $1500 if the violation is deemed “willful” or “knowing.” TCPA compliance is complex and the penalties are severe. A qualified attorney can evaluate a dental practice’s proposed use of telephone, text or fax communications to determine whether the TCPA may come into play.