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COMPLIANCERivvi · July 30, 2025 · Updated October 1, 2026 · 7 min read

TCPA Rules for Healthcare Calls and Texts (2026)

The TCPA healthcare exemption lets HIPAA covered entities and their business associates send automated health care messages without prior express written consent. Prior express consent is still required, usually the patient giving you their number. Marketing still needs written consent. A narrower exemption covers free-to-patient wireless calls and texts under strict conditions.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. You should consult with your legal counsel to ensure your specific communication practices comply with all applicable laws.

Takeaways

  1. The exemption is from written consent, not from consent

    Health care messages still need prior express consent.

  2. AI voices count as artificial voices

    The FCC ruled in 2024 that AI-generated calls fall under TCPA consent rules.

  3. Opt-outs changed in 2025 and are changing again

    Any reasonable method counts today, honored within 10 business days. The FCC voted on September 30, 2026 to revise the rules.

  4. State laws can be stricter

    Florida and Oklahoma limit hours and call frequency, with $500 per violation.

What the TCPA covers and what it costs

The Telephone Consumer Protection Act restricts calls and texts made with an autodialer or an artificial or prerecorded voice. The FCC's rules are at 47 CFR 64.1200.

Damages are set by statute: $500 per violation, or up to $1,500 if the violation was willful or knowing. Each call or text can be a separate violation. Patients can sue directly.

$500

Statutory damages per violation

47 U.S.C. 227(b)(3)

$1,500

Willful or knowing violation

Up to 3x damages

8am-9pm

Federal calling window

Called party's local time

The healthcare exemptions, read correctly

There are three healthcare rules in 64.1200. Each covers a different kind of line or message, and each has limits.

Section 64.1200(a)(2) exempts calls that deliver a "health care" message, made by or on behalf of a HIPAA covered entity or business associate, from the written consent requirement.

That's all it does. You still need prior express consent, which usually means the patient gave you that phone number. Messages that are marketing don't qualify. Those need prior express written consent.

2. Residential lines: limits on prerecorded calls (a)(3)(v)

Prerecorded or artificial-voice health care calls to residential (landline) numbers can go out without consent, within limits. The cap is one call per day per patient, up to three per week, with opt-outs honored. Going past that requires prior express consent.

3. Free-to-patient wireless calls and texts (a)(9)(iv)

This exemption covers calls and texts to cell phones that cost the patient nothing. It removes the consent requirement, but only if every condition is met:

  • No charge to the recipient.
  • Sent only to the wireless number the patient provided.
  • States the provider's name and contact information.
  • Limited to appointment and exam confirmations and reminders, wellness checkups, hospital pre-registration instructions, pre-op instructions, lab results, post-discharge follow-up intended to prevent readmission, prescription notifications, and home health instructions.
  • No telemarketing, solicitation or advertising, and no billing, debt-collection or other financial content.
  • Concise: generally one minute or less for voice, 160 characters or less for text.
  • No more than one message per day per patient, and three per week.
  • Includes an easy opt-out (STOP for texts), honored immediately.

Miss one condition and you're back to needing consent. A refill reminder that mentions a copay, for example, includes financial content.

AI voices are "artificial voices"

In February 2024, the FCC's Declaratory Ruling FCC 24-17 held that AI-generated voices, including voice clones, are "artificial" voices under the TCPA. So every rule above applies to AI calls exactly as it applies to prerecorded ones.

State law adds disclosure rules for AI on top of that. California, Utah and Texas each have one. See do patients have to be told they're talking to AI.

Patient outreach with opt-out on every path

Start free in the Rivvi workspace. Calls, texts and the website widget are on Team.

Opt-outs: the rules now, and what's coming

In effect since April 11, 2025

  • Patients can revoke consent by any reasonable method. Replies like STOP, QUIT, END, REVOKE, OPT OUT, CANCEL and UNSUBSCRIBE count automatically.
  • You must honor a revocation within 10 business days.
  • You can't require patients to use one exclusive method.
  • You may send one confirmation text that doesn't market anything. It's presumed fine if sent within 5 minutes.

The "revoke-all" rule and its replacement

The FCC's 2024 order also included a "revoke-all" rule. A STOP in reply to one type of message would have revoked consent for all robocalls and robotexts from that caller, on unrelated topics too. The FCC delayed it, most recently to January 31, 2027.

On September 30, 2026, the FCC voted to replace it:

  • Informational messages: an opt-out applies only to that category. A patient who stops billing reminders can still get appointment reminders.
  • Marketing: an opt-out from a marketing message still covers all marketing from that caller.
  • Exclusive opt-out method: callers may designate one or more exclusive methods: an automated key press on the call, a standard text reply keyword, or a website or phone number. The method must be clearly disclosed. Callers who don't disclose one must still honor any reasonable method.

These changes take effect 30 days after publication in the Federal Register. As of October 1, 2026, they had not been published. Until then, the April 2025 rules govern. Check the Federal Register before you change any opt-out flows.

  1. FCC 24-17

    AI-generated voices are 'artificial' under the TCPA.

  2. One-to-one rule vacated

    11th Circuit strikes the FCC's one-to-one consent rule.

  3. Revocation rules take effect

    Any reasonable method, 10 business days, one confirmation text.

  4. McLaughlin v. McKesson

    Courts may read the TCPA independently of the FCC.

  5. FCC votes to replace revoke-all

    Category-specific opt-out for informational calls; exclusive method allowed.

  6. Federal Register publication

    New revocation rules effective 30 days later.

Two court decisions that changed the ground

One-to-one consent is gone. In Insurance Marketing Coalition v. FCC (January 24, 2025), the 11th Circuit vacated the FCC's rule that consent must name one seller and cover only "logically and topically related" calls. The court found it conflicted with the statute's meaning of prior express consent.

Courts no longer defer to the FCC. In McLaughlin Chiropractic v. McKesson (June 20, 2025), the Supreme Court held 6-3 that district courts can decide for themselves whether the FCC's reading of the TCPA is correct. The healthcare exemptions above are in the FCC's rules. A court could read the statute differently. Build in margin rather than relying on the edge of any exemption.

State mini-TCPAs

Some states add their own rules. Two that catch healthcare outreach:

  • Florida (Fla. Stat. 501.616 and 501.059): no commercial solicitation calls before 8 a.m. or after 8 p.m. No more than three calls from any number to a person in 24 hours on the same subject. $500 per violation, trebled if willful.
  • Oklahoma Telephone Solicitation Act (effective November 1, 2022): no sales calls between 8 p.m. and 8 a.m. No more than three calls in 24 hours on the same subject. Automated calls need prior express written consent. $500 per violation, trebled if willful.

Both target solicitation. But if a campaign mixes care messages with anything promotional, plan for the stricter window: 8 a.m. to 8 p.m.

TCPA checklist for healthcare outreach

  1. 1

    Classify every campaign

    Health care, (a)(9)(iv), or marketing

    Decide which rule each message relies on. If it promotes anything, treat it as marketing and require written consent.

  2. 2

    Record consent and its source

    Prior express consent at minimum

    Log when and how each patient gave their number, and keep written consent for marketing.

  3. 3

    Check every (a)(9)(iv) condition

    Only if you rely on the free-to-patient exemption

    Free to the patient, provider name, allowed topics only, no billing content, short, one per day and three per week, opt-out in every message.

  4. 4

    Respect calling hours

    Federal and state

    8 a.m. to 9 p.m. in the patient's local time federally. Use 8 a.m. to 8 p.m. where Florida or Oklahoma rules may apply.

  5. 5

    Honor any reasonable opt-out

    Within 10 business days, ideally immediately

    Accept STOP-type keywords and spoken requests. Apply opt-outs across every channel. Send at most one non-marketing confirmation.

  6. 6

    Disclose AI at the start

    For AI voices and texts

    AI voices are artificial voices under the TCPA. Several states also require AI disclosure. Say it first.

  7. 7

    Watch the Federal Register

    The revocation rewrite

    When the September 30, 2026 order is published, review whether category-specific opt-outs or an exclusive opt-out method fit your workflows.

Where Rivvi fits

Rivvi is a HIPAA-compliant AI workspace with an action layer for AI calls, texts and a website chat widget. TCPA opt-out is honored on every outreach path. Outcomes are recorded in Rivvi and pushed to HubSpot, Salesforce or Zoho if one is connected.

At Southeast Medical Group (August 2026), Rivvi reached 104,000+ patients with a 0.45% opt-out rate. For medication outreach specifically, see medication adherence.

Your consent decisions are still yours. Classify campaigns with counsel, and use the AI acceptable use policy template to set the rules for staff.

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Sources

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