TCPA Consent Form

Posted By: Patricia

TCPA Consent Form - 02/06/19 04:22 PM

Not sure if this is the correct thread for this question ------- We are a small bank and do not do any kind of telemarketing, robo calling or automatic calls. So my question is if the bank does not engage in this kind of marketing/communication do we need to still give the "Consent To Contact You By Telephone, Text and e mail?
Posted By: rlcarey

Re: TCPA Consent Form - 02/06/19 04:27 PM

I have seen this form or a version of it produced by various vendors. There is no required format for such a consent. If you do not feel that you make any contact with customers that would be covered under the TCPA - delivery and consent would be optional.
Posted By: Patricia

Re: TCPA Consent Form - 02/06/19 05:26 PM

Thanks rlcarey.
Posted By: tryin2comply

Re: TCPA Consent Form - 02/27/19 06:57 PM

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.
Posted By: tryin2comply

Re: TCPA Consent Form - 05/07/19 12:56 PM

Anyone care to chime in on the last post from 2/27/19?
Posted By: clinds

Re: TCPA Consent Form - 05/28/19 09:43 PM

We are trying to determine our course of action regarding sending texts to delinquent loan customers in regards to TCPA. Although the customer may or may not have provided their wireless number at application, we do not know which customers may or may not be charged a fee. We currently do not obtain the consent agreement which is what I think we are eventually going to start requiring but I don't know how we are going to handle past customers. Only advice we have been given is it is a risk based decision the bank will need to evaluate.
Posted By: Inherent_Risk

Re: TCPA Consent Form - 05/29/19 02:07 PM

Remember to differentiate between prior express consent and prior express written consent. Informational calls/texts to cell phones only need express consent. Giving a cell phone number counts. Telemarketing requires express written consent, which has been interpreted as a much higher bar. I would assume that any text/call to a cell phone involves a charge.

Check out https://docs.fcc.gov/public/attachments/FCC-07-232A1.pdf. The autodialer stuff is being reexamined, but I believe the express consent stuff is still mostly accurate.