Author: Sabrina Ly

D.C. Circuit Shuts Down Rite Aid’s Challenge to Expand Healthcare Exemptions under the TCPA and HIPAA

On March 16, 2018, the U.S. Circuit Court of Appeals for the District of Columbia issued a groundbreaking decision in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) that raises a number of questions regarding the future of the Telephone Consumer Protection Act. The ACA Int’l decision, however, left certain healthcare communications intact while establishing the test in which a party is an “aggrieved party” for purposes of challenging orders issued by the Federal Communications Commission (“FCC”). This article provides a brief overview of the TCPA regulatory landscape and examines the implications of the ACA Int’l decision for the healthcare industry.