The Telephone Consumer Protection Act puts restrictions on how we are able to contact consumers to collect on your accounts. Some general provisions of the TCPA include but are not limited to; prohibiting calls made to a cell phone with an automatic dialing system without prior express consent and prohibiting faxing, e-mailing and texting unsolicited advertisement without prior express consent.
It’s important to have proper language in your contracts that allows to contact consumers on their cell phones, the following is a sample of what you can use:
You agree to receive pre-recorded/ artificial voice messages calls and/or use of an automatic dialing device, text messages and/or emails from CLIENT NAME, our partners, subcontractors, or any and all other companies that we may have to transfer your account to at any telephone number or email address that you have provided us or that we have otherwise obtained, which could result in charges to you. We may place such calls, texts or emails to (i) notify you regarding upcoming appointments; (ii) notify you of results; (iii) troubleshoot problems with your account (iv) resolve a dispute; (v) collect a debt ; or (vi) as otherwise necessary to service your account or enforce this admissions agreement, our policies, applicable law, or any other agreement we may have with you.
The ways in which you may provide us a telephone number or email address include, but are not limited to, providing the information at account opening, adding the information to your account at a later time, providing it to one of our employees, providing it to our partners, subcontractors, or any and all other companies that we may have to transfer your account to, or by contacting us or our partners, subcontractors, or any and all other companies that we may have to transfer your account to from that phone number or email address. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number. Standard telephone minute and text charges may apply if we contact you. You may revoke this express consent at any time by calling us at: XXX-XXX-XXXX.
Utah Medical Debt Collection Laws
If you are a medical provider trying to collect on a consumer in Utah, are are required by Utah law H.B. 128 to notify the consumer:
- the amount owed
- the due date (must be 45 days after the notice is sent)
- states that if consumer doesn’t pay by due date they may be referred to a collection agency or reported to the credit bureau; and that each referral to collections or report to a credit bureau may negatively impact the consumer’s credit score.
This notice has to be sent to the consumer by either:
- certified mail with return receipt requested
- priority mail, or
- text message
If you send this notice by text message you need to have the TCPA language in your contracts to give you permission to contact by text message.