A Visual Case Study of Morris v. Lincare, Inc.
For life science companies conducting due diligence on a target with a patient or customer call list, the following must be verified:
- Consent Document Audit: Secure copies of the exact language used in the target company’s current and past customer agreements.
- Explicit Transfer Clause: Confirm that the language grants permission not just to the target entity, but also to its “successors, assigns, and affiliates.” If this language is missing, a post-acquisition plan for securing new express consent is mandatory before initiating any automated calls or texts.
- Content Scope Review: Verify that the original consent covered the type of communication the successor intends to use (e.g., promotional vs. informational, voice vs. text).
- Health Care Exemption: If the acquired company relies on the health care exemption (which only requires prior express consent for informational, prerecorded calls), ensure the calls the successor plans to make meet the narrow definition of a “health care message.”
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