April 2018
The United States District Court for the Eastern District of Louisiana recently dismissed TCPA (Telephone Consumer Protection Act) claims filed in a putative class action against the non-profit American Heart Association, which Polsinelli represented in the case. In Reese v. Anthem Inc., et al., the court found that the plaintiff had consented to the text messages she received and that the content of the messages was informational, not promotional.

The holding and result in the case should provide comfort to other organizations, particularly non-profits, and those that assist in funding and branding for text messaging campaigns for non-profits. When the messages relate to the subject of the non-profit program and are not designed to be promotional, then the organization may avoid the exposure of a TCPA action.

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