Howell, Maguregui, Hotchkiss Quoted on Supreme Court Ruling Involving TCPA

12 April 2021 mHealth Intelligence News

Partner Chanley Howell, Special Counsel Aaron Maguregui, and Associate Kevin Hotchkiss were quoted in an mHealth Intelligence article, “Supreme Court Ruling May Help Providers With mHealth Messaging Strategies,” about a recent Supreme Court ruling loosening the restrictions around autodialing, giving health care providers more leeway to use health platforms for certain text messaging services.

The article cites a post co-authored by the three attorneys in the firm’s Health Care Law Today blog saying the court’s ruling will allow health care providers to send out “health care messages” by text without needing prior written consent from patients.

“The ambiguity in the TCPA regarding the definition of an autodialer meant that digital health companies were at risk of the TCPA’s private right of action and statutory penalty provisions by texting with their patients,” Howell, Maguregui and Hotchkiss wrote. “The Supreme Court in Facebook unanimously overturned the Ninth Circuit’s broad interpretation of an autodialer, delivering a significant win for TCPA defendants.”

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