So more big TCPA news.
The Office of the Comptroller of Currency issued an alert to the Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies last week advising of new examination rules in connection with the TCPA–and they are very interesting.
The OCC is the PRIMARY regulator of all major banks and finance companies. Traditionally the OCC has done very little in connection with the TCPA–leaving that to the FCC and CFPB.
But with this week’s announcement the OCC has plunged headlong into regulating the major bank’s TCPA practices, which will undoubtedly make Troutman Amin, LLP even more highly sought after in the banking sector than it already is!
Indeed, this news breaks just as Queenie is about to take the stage at Card Con 2023 to address major credit issuers–most of whom are backed by major banks impacted by this ruling.
The revised interagency examination procedures will reflect TRACED Act amendments and will also address:
• provisions governing how customers can revoke consent under the TCPA.
• special exemptions from the customer consent provisions of the TCPA for banks using automated communications to notify customers of potential account fraud.
• safe harbors for callers that check a reassigned number database maintained by the Federal Communications Commission.
That last one is a doozy. As I reported a few weeks ago, there is currently no law mandating the use of the RND.
Although Congress hasn’t moved on this it looks like the OCC may have heard the Czar loud and clear and is now looking to examine banks on whether or not the RND is being used. (If you folks need connections reach out and I am happy to make some introductions!)
This really is massive news for regulated institutions. More information is available from Candace B. Matzenauer, Director for Consumer Compliance Policy, at (202) 649-5470.
This is OCC Bulletin 2023-35 (Nov. 1, 2023).
For those of you attending CardCon in Nashville today–be sure to say hello!
For now though if you haven’t signed up to attend the summit next month you are REALLY missing out. The banking and finance sectors–in particular–need to be paying attention and in attendance. Let’s hope they heed the call!