What to Know About TCPA in 2017
The Telephone Consumer Protection Act (TCPA for short), originally enacted in 1991, was developed and designed to protect people from unwanted calls to both their residential and their wireless phones. In 2015, the act underwent some updates. Many of these changes were not well received. Multiple entities, including agencies that deal in aiding in collections for medical practice, that filed for an appeal. Arguments were made in October, and a decision is supposed to be reached early in 2017.
However, the days of million dollar TCPA lawsuits are far from over. You may be tempted to start running your collections process as you used to before the 2015 regulations were set in place until the final decision has been reached, but in doing so, you could be putting yourself and your practice in danger. Here’s what you need to know in order to stay compliant and avoid an expensive TCPA-related lawsuit in 2017.
Get Consent
A major part of being compliant and avoiding lawsuits is to get consent from your patients. But simply asking your patients if it is okay to call them is not enough. You need to have express written consent. Make sure that you use simple language so that your patients know exactly what you intend to do with their phone number. Once you have that consent, you need to store it properly and make sure the ones responsible for contacting patients are aware of its validity. It is also important to make it easy for patients to opt out, and that choice should be honored.
Providers are Responsible for Their Vendors
If you hire a third-party vendor to handle your billing and collections, you are responsible for them. That means if your vendor violates the TCPA rules, despite telling you that they are compliant, you are just as guilty, whether or not you were aware of the situation. And despite your vendor being the one who violates the rules, your patients will more than likely come after you. It is important to foster a good relationship with your vendor. Keep yourself updated on all of the regulations, and make sure that your vendor is as well. Even though your vendor isn’t directly connected to your practice, hold them to your standards, which will show your patients just how much you care.
Emphasize Personal Connectivity
A huge issue with patients and phone calls is that most of the calls are automated. Patients tend to hang up on or ignore automated calls, especially if they don’t know who they are from. Instead, emphasize personal connectivity with your patients. Even if you use a manual dialer, you still run the risk of having it sound like an automated call, and the court won’t buy the defense that it was manual technology if it comes across as an ATDS. If patients don’t answer their phone, make sure that you keep your voicemail messages within the current guidelines. Personally speaking with your patients, whether it’s you or your vendor, and developing a relationship with them is going to ensure that you stay compliant and will be more likely to avoid TCPA issues.
Even though current TCPA regulations are under scrutiny, that doesn’t mean that those regulations can be ignored. A decision is likely to be reached early in 2017, which will mean it will be enforced by summer. Following the regulations now will not only help you to prepare your staff, or your vendors, to be ready for compliance upon the final decision, it will help you to avoid costly lawsuits and allow you to maintain a satisfied clientele.
