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Telemarketing to Boost Overdraft Protection Customer Participation

Question: 
If we use a telephone campaign to increase our overdraft protection opt-in customer participation, would the Telephone Consumer Protection Act (TCPA) apply? We know a current business relationship no longer qualifies as consent for contact, but we also need to honor do-not-call list restrictions. Since we would be soliciting customers to sign up, but with no purchase or monetary investment required, does this even qualify as a telemarketing call?
Answer: 

Yes, the TCPA rules would apply since you intend to sell a service, and the word "services" is included in the definition of telephone solicitation. Even though no immediate payment is required, in order to use the service, a fee is involved.

Vendor: 
Wipfli's Financial Institutions Practice has served the banking industry for more than 85 years. Our seasoned professionals have banking experience, dedicate their time to clients throughout the United States, and provide regulatory compliance, information technology, risk management, strategic planning, board development, audit, and tax services. Visit http://www.wipfli.com/fi, call 800.486.3454 or contact wipflifipractice@wipfli.com.

First published on 09/20/2015

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