The Telephone Consumer Protection Act (TCPA) protects consumers against any unsolicited telephone communications. There are some exceptions, however: the TCPA allows for any communications made for “emergency purposes.” As the COVID-19 pandemic took root in 2020, the Federal Communications Commission (FCC) ruled that any text messages or calls sharing information in connection with the pandemic would be allowed, even if unsolicited. So long as these communications are necessary for public health, and intended purely for informative purposes, they should not prompt any objections under the TCPA. However, it appears that some companies can still take things too far, as a recent TCPA court case has demonstrated.
Exceptions to the “emergency purpose” clause
In the case of Linda Farhat v. Unique Healthcare Systems, LLC d/b/a AFC Urgent Care, concluded in January 2022, Judge Steven Merryday ruled in favor of Ms. Farhat, who had filed a TCPA class action against her healthcare provider, AFC Urgent Care, despite the fact that the communications she had received were in line with the “emergency purposes” exception.
Ms. Farhat had received four communications from AFC Urgent Care regarding free COVID testing at the company’s locations. Each one of these messages informed her that all future messages would cease if she replied “STOP.” However, the messages continued to come even though she gave the required response each time. AFC Urgent Care and its legal team argued that these messages complied with the terms of the “emergency purpose” clause. However, Judge Merryday’s ruling was quite the contrary. He said that the fact that Ms. Farhat had texted “STOP,” thus requesting the cessation of all such communication in future, had effectively cut off AFC Urgent Care’s right to fall back on “emergency purposes.” The court reasoned that “permitting a defendant to invoke …[that] exception to ceaselessly text a cellular telephone subscriber who has instructed the defendant to stop would insulate from liability a defendant who engages in the exact conduct – the transmission of unwanted text messages and calls – that the TCPA endeavors to eliminate.”
The key message that comes through in this case is that the consent of the consumer remains the most critical factor in TCPA matters. Even “emergency purposes” cannot override the requirement for companies to desist from communicating with their customers without the latter’s express and continued permission.
If you are among the many thousands of Floridians who have complaints against companies under the TCPA, and continue to receive messages and calls under the auspices of “emergency purposes,” then you should consult a TCPA attorney and see if you may qualify to join one of the many ongoing TCPA class actions.
About Shamis & Gentile
Shamis & Gentile provides outstanding legal services in Florida and New York. We distinguish ourselves because of our experience and resources, which we combine to handle any kind of case involving personal injury, personal injury protection, class actions/mass tort, contract disputes and TCPA complaints, among others. When you bring your case to Shamis & Gentile, you will always work with a seasoned attorney who has an excellent track record. We are progressive and trusted within the legal community and we are often called upon to settle cases that other law firms may not be able to handle on their own. With us, you can rest assured that your TCPA case would be in safe hands. If you need a TCPA lawyer in Florida, contact us today and book a consultation.
