Thread Options Tools
#2223441 - 10/09/19 05:33 PM TCPA
Bankwoman1 Offline
Platinum Poster
Joined: Dec 2015
Posts: 743
Midwest
We currently have an outside fraud vendor that contacts our customers when fraud is suspected on their account. The customer would receive a text message first (and have the ability to opt-out of text msgs if they so wished). If there was no contact made by text message, then the fraud department will call the customer. During the call, the customer is given the ability to opt-out of future calls before moving on. Our question is this - if a customer opts out of receiving future fraud calls by this fraud department, would our call center within the bank be able to call this customer regarding suspected fraud? We have been receiving notifications from the fraud department regarding certain accounts when a customer has opted out to the phone call. The call center within the bank would then call these customers. But we got to thinking that maybe we shouldn't even be contacting them, even though we had a legitimate business reason to do so. Would this violate TCPA?

Thanks!

Return to Top
General Discussion
#2223531 - 10/10/19 05:02 PM Re: TCPA Bankwoman1
TomS Offline
Gold Star
Joined: Jan 2004
Posts: 315
USA
These are not telemarketing calls, so the TCPA does not apply. My question is, why is the vendor fraud department giving your customers the option to opt out of these calls? If there is suspected fraud then it's pretty important that you be able to call the customer, so I don't see any sense in letting customers opt out of such calls.
_________________________
CRCM, CAFP, DAD

Return to Top
#2223536 - 10/10/19 05:36 PM Re: TCPA Bankwoman1
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 77,239
Galveston, TX
Unless there has been a change since 2015, they have to give an opt-out option

Very Limited and Specific Exemptions for Urgent Circumstances – Free calls or texts to
alert consumers to possible fraud on their bank accounts or remind them of important
medication refills, among other financial alerts or healthcare messages, are allowed without
prior consent, but other types of financial or healthcare calls, such as marketing or debt
collection calls, are not allowed under these limited and very specific exemptions. Also,
consumers have the right to opt out from these permitted calls and texts at any time.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2223539 - 10/10/19 05:49 PM Re: TCPA rlcarey
Bankwoman1 Offline
Platinum Poster
Joined: Dec 2015
Posts: 743
Midwest
Yes - it was my understanding that we had to give the customer the option of opting out of these calls and/or text messages. We are going by the information released by the FCC regarding the rules and regulations implementing the TCPA in sections 129 - 139.

So Randy - would you say if the customer has opted out of receiving these calls by the fraud department, then our internal call center should not be calling them either?

Return to Top
#2223545 - 10/10/19 06:07 PM Re: TCPA Bankwoman1
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 77,239
Galveston, TX
I would assume so, but I am by far not a TCPA expert. I also don't even know if the exemption covers a vendor acting on behalf of a bank.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2223552 - 10/10/19 07:13 PM Re: TCPA rlcarey
Bankwoman1 Offline
Platinum Poster
Joined: Dec 2015
Posts: 743
Midwest
Ok...thank you! I think for now I will tell our call center not to make the calls until I can find out more.

Return to Top
#2223670 - 10/12/19 05:11 PM Re: TCPA Bankwoman1
TomS Offline
Gold Star
Joined: Jan 2004
Posts: 315
USA
Rlcarey, I stand corrected, thanks for the clarification.
_________________________
CRCM, CAFP, DAD

Return to Top