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Exemptions

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Understanding the varying, multilayered exemptions to telemarketing regulations is an essential component of compliance.

Are there TCPA exemptions for healthcare providers?

The Federal Communications Commission (FCC) allows two exemptions under the Telephone Consumer Protection Act (TCPA) for healthcare providers. 

Healthcare Messages (The “Health Care Rule”) 
Healthcare providers are allowed to make calls to residential landlines from a Health Insurance Portability and Accountability (HIPPA)-covered entity, including its business associates, using an artificial or prerecorded message to deliver a healthcare-related message without the consent of the called party. 

Are there TCPA exemptions for financial institutions?

Financial institutions are sometimes exempt from the Telephone Consumer Protection Act’s (TCPA) prohibition on the use of Automatic Telephone Dialing Systems (ATDS) when they send time-sensitive, voice or text messages which address financial issues related to the customer’s account, so long as no part of the message could be considered marketing.

In order to exercise the exemption for financial institutions, some basic rules must also be followed:

Are there TCPA exemptions for utilities?

In certain circumstances, utilities are exempt from following the Telephone Consumer Protection Act’s (TCPA) usual consent requirements. Namely, they are allowed to use the less stringent standard of implied consent if they are a bona fide non-profit or when sending non-marketing messages. Examples of such messages would be information about such topics as emergencies, circumstances where services will be shut off, and service notifications.

Are there TCPA exemptions for schools?

In certain circumstances, schools are exempt from following the Telephone Consumer Protection Act’s (TCPA) usual consent requirements. Namely, they are allowed to use the less stringent standard of implied consent if they are a bona fide non-profit or when sending non-marketing messages. Examples of such messages would be information about such topics as emergencies, school closures, and unexpected absences.