Telephone Consumer Protection Act: Revised Interagency Examination Procedures and Rescissions

The Office of the Comptroller of the Currency, OCC, has issued a press release to inform that it has updated the procedures relating to „Telephone Consumer Protection Act (TCPA) Exam“ in the Comptroller’s Handbook, specifically in the „Other Consumer Protection Laws and Regulations” booklet.
The revisions reflect the amendments made to the TCPA in 2021 and cover issues such as
– procedures for customers to revoke consent under the TCPA;
– exemptions for banks using automated communications to alert customers about potential account fraud, bypassing certain consent provisions of the TCPA; and
– „safe harbors for callers that check a reassigned number database maintained by the Federal Communications Commission“.
Generally speaking, the procedures set out a detailed process for examining a financial institution’s compliance program and identifying the level of risk associated with telemarketing programs for products and services. The procedures thereby include specific steps such as obtaining a list of telemarketing programs, reviewing call logs and scripts, observing call center operations, evaluating automated messaging and opt-out systems, and testing marketing programs to assess compliance. Additionally, they address identified deficiencies and violations of the TCPA, maintaining appropriate documentation, documenting root causes of violations, discussing findings with management and the board of directors, and proposing enforcement actions if necessary.
With the publication of the revised procedures, all previous versions of the „document“ are rescinded.