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ABA: The American Bankers Association
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Telephone Consumer Protection Act

The TCPA prohibits, with limited exceptions, telephone calls to residential lines and calls and text messages to mobile phones using an automatic telephone dialing system (autodialer) unless the caller has the prior express consent of the called party.​​​​

Banks regularly seek to send time-critical, non-telemarketing communications to large numbers of customers promptly, including suspicious activity alerts, data security breach notifications, low balance and over-limit transaction alerts, delinquency notifications, and loan modification outreach. Only automated calling – not manual dialing by live agents – can reach customers in a timely and efficient manner.

In Facebook v. Duguid, the Supreme Court interpreted the autodialer definition consistent with the text of the statute. 

Today, the FCC is increasingly focused on stopping calls and text messages from bad actors that impersonate legitimate businesses. ABA strongly supports those efforts and has proposed or suggested additional ways that the FCC can combat these criminals. At the same time, ABA has urged the FCC to protect the ability of banks and other lawful callers to complete calls to their customers, by requiring providers to provide notification of blocking and prompt redress for erroneously blocked calls.

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Jonathan Thessin

Jonathan Thessin

Vice President & Senior Counsel, Regulatory Compliance and Policy

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