Dialing into Compliance: Auto Dialers in Life Sciences and Medical Devices

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

As the landscape of life sciences and medical devices continues to evolve, companies are increasingly leveraging technology to streamline processes, enhance efficiency, and comply with regulatory requirements. One such technology is the auto dialer, a system that automates outbound calls, either to deliver pre-recorded messages or connect to live operators. While auto dialers offer several benefits, they also pose compliance challenges, particularly in relation to privacy and telemarketing laws.

 

The Role of Auto Dialers in Life Sciences and Medical Devices

Auto dialers are used in various aspects of the life sciences and medical device industries. They can be employed to remind patients to take their medication, schedule appointments, or provide important health updates. They can also be used to conduct surveys for clinical research, reach out to potential study participants, or follow up on post-market surveillance activities. However, the use of auto dialers must be carefully managed to ensure compliance with applicable laws and regulations.

 

Compliance Challenges and Considerations

The use of auto dialers comes with several compliance risks. The most prominent of these is related to privacy and consent. In many jurisdictions, including the U.S., companies are required to obtain prior express consent before using an auto dialer to call or send a message to a consumer's cell phone. In addition, companies must comply with the Do Not Call (DNC) registry, which allows consumers to opt out of receiving telemarketing calls.
 

Failure to comply with these requirements can result in hefty fines and penalties. For instance, under the Telephone Consumer Protection Act (TCPA) in the U.S., companies can face fines of up to $1,500 per call or message for willful or knowing violations.

 

Best Practices for Dialing into Compliance

Given the potential compliance risks, companies in the life sciences and medical device industries should adopt best practices to mitigate these risks. These include:
 

• Obtaining consent: Before using an auto dialer to call or send a message to a consumer's cell phone, companies should obtain the consumer's prior express consent. This consent should be documented and easily retrievable.
   

• Respecting the DNC registry: Companies should regularly scrub their call lists against the DNC registry and refrain from calling numbers on this list, unless they have an established business relationship with the consumer or have received express written consent.
   

• Providing opt-out options: Companies should provide consumers with clear and easy ways to opt out of receiving further calls or messages.
   

• Implementing robust compliance policies and procedures: Companies should have in place comprehensive policies and procedures to ensure compliance with applicable laws and regulations. These should be regularly reviewed and updated to reflect changes in the regulatory landscape.
   

Auto dialers can offer significant benefits to companies in the life sciences and medical device industries. However, these benefits must be balanced against potential compliance risks. By adopting best practices and staying abreast of changes in the regulatory landscape, companies can leverage auto dialers to their advantage while dialing into compliance.