Rite Aid Seeks TCPA Waiver
The FCC’s 2012 order implementing the Telephone Consumer Protection Act (TCPA) could be read as exempting Health Insurance Portability and Accountability Act-related calls from a requirement of prior consent by those receiving the calls, Rite Aid said in comments posted…
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Tuesday in docket 02-278. Given confusion about the order, the commission should retroactively grant Rite Aid and other parties facing TCPA-related lawsuits an exemption from any prior express consent requirement for related calls to wireless numbers, the company said. If the commission doesn't agree that all HIPAA calls are exempted from the prior consent requirement, Rite Aid supported the more limited exemption sought by the American Association of Healthcare Administrative Management (see 1501140045) for autodialed and prerecorded voice calls and messages to wireless telephone numbers. The company backed AAHAM’s petition asking the commission to confirm that “’providing a telephone number to a healthcare provider demonstrates ‘prior express consent’ for healthcare calls to that number on behalf of the healthcare provider.”