FCC Denies Anthem’s Requests to Exempt Health Plan Providers from TCPA Prohibition on Automated, Unsolicited Calls

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The Federal Communications Commission (FCC or Commission) denied Anthem, Inc.’s (Anthem) Petition for Declaratory Ruling and Exemption that asked the Commission to exempt health plan providers from the need to obtain express consent prior to making artificial or prerecorded health care-related calls and text messages to wireless telephone numbers. The Telephone Consumer Protection Act (TCPA) only exempts emergency calls or texts from such requirement. In denying Anthem’s petition, the FCC affirmed, in its Declaratory Ruling and Order, that callers must get the consumer’s prior express consent before making autodialed calls or robocalls.

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