Auto Dialer Regulations for Effective Medical Device Marketing

Posted In | CRM | Help Desk | Auto Dialer | Biopharma and Medical Device

Medical device marketing is a specialized field that requires a unique blend of technical knowledge, marketing savvy, and regulatory compliance. One tool that marketers often use to reach potential customers is the auto dialer, a software that dials a list of numbers automatically. However, the use of auto dialers is subject to a number of regulations to protect consumers from unwanted and intrusive calls. This article explores the key auto dialer regulations you need to be aware of for effective medical device marketing.

 

The Telephone Consumer Protection Act (TCPA)

The primary law governing the use of auto dialers is the Telephone Consumer Protection Act (TCPA) of 1991. This federal law was enacted to protect consumers from unwanted telemarketing calls and faxes. Under the TCPA, it is illegal to use an auto dialer to call or text a cellular phone number without the recipient's prior express consent.

 

Consent is Key

The most important principle in TCPA compliance is obtaining the consent of the person you are calling. This consent must be express and unambiguous, meaning that the person must specifically agree to receive calls or texts from you on their cell phone. It is not enough to have a general agreement to receive marketing communications - the consent must be specific to calls or texts made using an auto dialer.

 

Penalties for Non-Compliance

Non-compliance with the TCPA can be costly. Each violation can result in a fine of up to $1,500, and since each call or text is considered a separate violation, the penalties can quickly add up. In addition, individuals can sue companies that violate the TCPA and collect damages.

 

Health Insurance Portability and Accountability Act (HIPAA)

In addition to the TCPA, medical device marketers must also consider the Health Insurance Portability and Accountability Act (HIPAA). This law protects the privacy of patients' health information and imposes strict rules on who can access and share this information. If your auto dialer campaign involves sharing protected health information, you must comply with HIPAA regulations.

 

Do Not Call Registry

Finally, the Federal Trade Commission maintains a Do Not Call Registry that marketers must respect. Consumers can add their phone numbers to this list to avoid receiving unsolicited sales calls. Before using an auto dialer, you must ensure that none of the numbers on your list are included in the Do Not Call Registry.

 

While auto dialers can be an effective tool for medical device marketing, it is crucial to understand and comply with all applicable regulations. By obtaining express consent, respecting the Do Not Call Registry, and adhering to HIPAA regulations, you can use auto dialers to reach potential customers without risking costly penalties.