The Telephone Consumer Protection Act (the TCPA) restricts telemarketing and the use of automated telephone equipment for phone calls, faxes, and text messages. In an effort to ease restrictions in light of the COVID-19 outbreak, the Federal Communications Commission (FCC) has issued guidance clarifying that informational calls that are directly related to the imminent health or safety … Continue Reading
As we have previously reported, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Order (“Order”) on July 10, 2015, clarifying several sections of the Telephone Consumer Protection Act (“TCPA”) and its implementing regulations. One important clarification addressed a petition filed by the American Association of Healthcare Administrative Management (“AAHAM”) in October 2014 regarding … Continue Reading
Ambiguities in the Telephone Consumer Protection Act (TCPA) have been a recent topic of interest. This past week, the FCC finally released the long awaited TCPA Omnibus Declaratory Ruling and Order resolving 21 petitions on many issues associated with the enforcement and interpretation of the Act. As the authors note in yesterday’s Reed Smith Client Alert, … Continue Reading
For years industry groups have been petitioning the Federal Communications Commission (FCC) to clarify ambiguities in the Telephone Consumer Protection Act (TCPA), which make it difficult for businesses to comply and leave them vulnerable to litigation. Finally, on June 18, 2015, the FCC responded. As discussed in a Client Alert by Reed Smith attorneys Judith … Continue Reading
The Federal Communications Commission (FCC) just announced that, as part of its implementation of the recently released National Broadband Plan and the Plan's recommendation to use the power of broadband to improve healthcare, the FCC and the Food and Drug Administration (FDA) are going to be holding a public meeting on July 26 and 27, 2010, to discuss regulatory issues arising from the convergence of wireless technology and healthcare devices. The meeting is formally entitled: "Enabling the Convergence of Communications and Medical Systems: Ways to Update Regulatory and Information Processes." The purpose of this meeting is, among other things, to discuss ways to promote investment and innovation in health technology by streamlining government processes.
To help develop an agenda for this important meeting, the FDA and the FCC are seeking input from, among others, the medical and device manufacturing industries, practitioners, and other stakeholders and users of medical technology on a number of questions regarding regulatory challenges and safety of patients and other users of medical devices that include radio elements and of systems that can be tied into broadband communications networks.… Continue Reading
The Federal Communications Commission ("FCC") has proposed changes to its Telephone Consumer Protection Act ("TCPA") rules that would conform to the Federal Trade Commission's Telemarketing Sales Rule ("TSR"). The primary change in the regulations would affect the sending of prerecorded messages (a/k/a "robocalls") by barring them even to existing customers without first obtaining prior written consent. At first blush, this seems routine, but because of differences in the FCC's and FTC's statutory jurisdiction, there are complicated implementation issues that could trap unsuspecting companies. Other key issues for the health care industry is whether the FCC should create an exemption for prerecorded messages that are subject to Health Insurance Portability and Accountability Act ("HIPAA") and, if so, how such exemption should be implemented. For more information about these changes, please read our client alert written by Robert Jackson.… Continue Reading
As previously reported, the Federal Communications Commission ("FCC") proposes to allot spectrum and adopt service and technical rules for new implanted medical devices that would expand the use of functional electric stimulation to restore sensation, mobility and function to paralyzed limbs and organs. As an update to this report, yesterday the FCC published the Notice of Proposed Rulemaking (Notice) regarding implanted neuromuscular simulators in the Federal Register and released the comments dates. Comments are due August 11, 2009 and replies are due on September 10, 2009.… Continue Reading
Recent posts on www.lifescienceslegalupdate.com include:
"TRICARE Retail Pharmacy Program Subject To Federal Ceiling Prices Under New DoD Rule" discussing Department of Defense final rule to implement a provision of the 2008 National Defense Authorization Act.
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...and "FCC Allocates More Spectrum to Wireless Medical Devices and Proposes Even More Spectrum for Implanted Neuromuscular Stimulators" which discusses the Federal Communications Commission's recently released Order allocating 2 MHz of new spectrum for advanced wireless implanted devices, which may enable the certification of new devices. The FCC also seeks comment on a proposal to allocate up to 20 MHz of spectrum for implanted neuromuscular micro stimulators.… Continue Reading