TCPA-FCC RULES

Posted By: Ohmyachinghead

TCPA-FCC RULES - 05/08/17 04:25 PM

We are having some issues trying to figure out if we are in compliance with the TCPA ruling on unsolicited calls and text to wireless device made by auto or "robo" dialers. Our account disclosures addresses the TCPA and states "you authorize us to contact you regarding this account throughout its existence using any telephone number that you have provided to us". It also states "you may change or remove any of the telephone numbers at any time using any reasonable means to notify us". We use STAR VISA debit cards and FRIS alert calls are made to our card holders in the event of suspicious or fraudulent activity. I have read the final rule summary and understand that there is an exception for these calls Do we need to send something to our debit card holders giving them the information about TCPA and the option to opt out??
Thanks!!
Posted By: Ohmyachinghead

Re: TCPA-FCC RULES - 05/09/17 02:00 PM

For those needing answers also, I received this from Pauli.

Below is the FCC Declaratory Ruling and Order 15-72 Adopted June 18, 2015 which I sent you with regard to prior consent, and the fact that for four classes of calls/text it is not required. The opt-out provisions are specifically stated in conditions for exemption, but despite the fact that your account agreement gives the bank actual consent, the automated system messages themselves must provide the required to opt-out information regardless of whether or not the bank chooses to provide a written notice. This needs to be discussed with the vendor.

6) a financial institution must offer recipients within each message an easy means to opt out of
future such messages, voice calls that could be answered by a live person must include an
automated, interactive voice- and/or key press-activated opt-out mechanism that enables the call
recipient to make an opt-out request prior to terminating the call, voice calls that could be
answered by an answering machine or voice mail service must include a toll-free number that the
consumer can call to opt out of future calls, text messages must inform recipients of the ability to
opt out by replying “STOP,” which will be the exclusive means by which consumers may opt out
of such messages; and,
7) a financial institution must honor opt-out requests immediately.