Tuesday, March 9, 2021
The TCPA does not prohibit
all calls or texts. Among other exceptions, it carves out calls or texts made for an emergency purpose. The FCC has determined that Congress intended a “broad” interpretation of this emergency exception.
See
In the Matter of the Tel. Consumer Prot. Act. of 1991, 7 F.C.C. Rcd. 2736 (1992). And Courts interpreting and applying the emergency exception have taken the same view, typically concluding that any calls “necessary in any situation affecting the health and safety of consumers” qualify for the emergency exception.
A recent decision out Washington applied this exception and granted a pharmacy’s motion to dismiss.