I completely understand that when you do no telemarketing, robo-calling or auto-calling that you would not be required to have consent because you aren't contacting them by those methods. And I think that I understand the latest rulings on the allowance of texts/calls in the event of fraud, breach, ID theft prevention following a breach and money transfers. Is it still safe to say that if a consumer has given the number (land or wireless) at application (loan or deposit), we are still compliant if we contact them about their account at that number? I have had difficulty locating a definitive answer that says, "THESE ARE THE RULES." So, I want to ensure I understand correctly.
1. Should the vendor provided TCPA consent forms be used? While maybe not required as noted above, as precaution for future issues? (See the underlined part of #3 of the checklist)
2. Are texts and calls regarding fraud and breach info still in compliance?
The ACC had supplied a checklist previously and I'm curious if it would still apply. The checklist asked:
1. If residential phone, do calls use an artificial voice or prerecorded message? If no, TCPA does not apply.
2. For mobile phones, do calls use an artificial voice or prerecorded message or auto dialing system? If not, TCPA does not apply.
3. Does the call contain telemarketing? If no, WRITTEN consent rules do not apply. HOWEVER, verbal or written consent is still required for calls made to mobile phones, even if purely information in nature. Consent may also be required for residential calls if exemption does not apply. If yes, TCPA applies and written consent is required prior to making the telemarketing call.
So, that is where I got confused. If we need written consent to contact for information, does the application serve as consent if they provided the cell number? Or should a consent form accompany it? Thanks. Sorry for the long post.