Improve Patient Care with SMS for Healthcare

Frequently asked questions

• Is mass text messaging legal?

  As long as you're reaching out to people with the information they want, and you have consent to message them - a mass text messaging service can be a very powerful communication tool for delivering reminders, notifications, and alerts.

  While mass text messaging is by no means illegal, it is heavily restricted. The U.S. government has a long history of regulation, protecting consumer privacy concerning telemarketing and robocalls, and this also extends to text messaging. The most critical piece of legislation narrowing the scope of acceptable telemarketing practices came with the TCPA of 1991, which amended the original Communications Act of 1934. Read more about the act here.

• What about consent?

  According to the Telephone Consumer Protection Act of 1991 (TCPA), an individual or business must get consent before calling or text messaging contacts. This means that the message recipient has directly provided their number to you and are expecting the message(s) you are sending. However, consent varies depending on the type of message you are sending. To learn more about the different types of consent, read here.
  
  Sending an unwanted text or phone call to your contact is not only a violation of Text-Em-All's Terms of Use and Responsible Use, but also a TCPA violation. Damages associated with TCPA violations can range from $500 - $1500 per violation.

• What about privacy?

  Bottom Line: We promise to respect & protect your privacy and will not release or sell any of your personal information for profit or superficial reasons. There are scenarios where you can expect us to share your information, such as for law enforcement, when required by lawsuits, or to protect the safety of us or others.

  For more information, read our full Privacy Policy here. 

• Is COVID-19 related information allowed?

  On March 20th, the Federal Communications Commission (FCC) issued a ruling confirming that the COVID-19 pandemic qualifies as an "emergency" under the Telephone Consumer Protection Act. 

  Under this exemption, hospitals, health care systems, healthcare organizations, and other healthcare providers are allowed to make automated calls and send automated text messages to communicate information pertaining to COVID-19 without violating federal law. 

• Are you HIPAA compliant?

  We do not do messaging encryption at rest, and because SMS messages cannot be encrypted, we are not HIPAA compliant. We trust our users to be responsible with our service, and not include protected health information into the contact record(s) that are uploaded. 

  However, we are a secure text messaging service that doesn't sell your information, and are willing to sign a Business Associate Agreement to provide additional comfort for your team. 

  As a Text-Em-All user, you acknowledge and agree that it is your responsibility to conduct a HIPAA risk analysis and maintain a comprehensive HIPAA risk management program that includes appropriate physical, technical and administrative safeguards (including training of authorized users on its policies and procedures) with regard to PHI (as defined by HIPAA).

• How can contacts opt-out?

  Text message recipients can use sms to reply STOP to any message, call recipients can opt out at the end of the message, and anyone can enter a phone number on our opt out page. 

  Additionally, our new Auto Opt-Out feature “reads” the reply messages to help make sure that those not wanting to receive your texts are removed. This type of artificial intelligence (AI) or machine learning can comb through the stream of comments to look for patterns of phrases that show dissatisfaction and a desire to opt out. Since our network handles millions of automated messages, we've collected quite a few that signal an opt out without using the word “stop”.

• Do the same rules apply to both phone calls and text messages?

  Mass text messages are subject to the same regulations and restrictions as automated phone calls. Also, Text-Em-All does not allow our service to be used for sms marketing or charitable contributions.