Navigating Auto Dialer Regulations in Medical Device Marketing

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

As a medical device marketer, it is vital to stay current with all the regulations that apply to your marketing practices, especially when it comes to using auto dialers. Auto dialers, also known as robocalls, can be a powerful tool for reaching out to potential customers and patients but they are also heavily regulated. Violating these regulations can result in hefty fines and damage to your company's reputation.

 

Understanding the TCPA

The Telephone Consumer Protection Act (TCPA) is the primary federal law governing auto dialers in the United States. It was enacted in 1991 to protect consumers from unwanted phone calls. The TCPA restricts the use of auto dialers, pre-recorded messages, and text messages sent to cell phones and certain landline phones without prior express consent.

 

Navigating TCPA Regulations

Understanding and navigating these regulations can be complex, but there are a few key points to consider.
 

• Obtain Consent: Before you can legally use an auto dialer to call or text a potential customer, you must first obtain their express written consent. This consent must be clear and conspicuous and it should inform the customer that they may receive auto-dialed calls and texts.
   

• Respect Opt-Outs: If a customer opts out of receiving calls or texts, you must respect this choice and immediately remove them from your list.
   

• Keep Records: It's crucial to keep detailed records of all consents and opt-outs. If a complaint is filed against your company, these records will be your best defense.
   

State-Specific Regulations

In addition to the TCPA, many states have their own laws regulating auto dialers. These state laws can be more restrictive than the TCPA, so it's important to familiarize yourself with the laws in each state where you plan to market your medical devices.

 

Professional Guidance

Given the complexity of the regulations surrounding auto dialers, it's advisable to seek professional legal guidance. An attorney specializing in telemarketing law can provide advice tailored to your specific situation, helping you to avoid costly mistakes and legal trouble.

 

While auto dialers can be an effective tool in medical device marketing, navigating the associated regulations can be a challenge. By understanding and respecting these regulations, you can utilize auto dialers in a way that is both effective and legal.