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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. Yet, the Federal Communications Commission’s (FCC) expansive interpretations of the TCPA, coupled with the threat of class action liability, discourage banks from making these calls that benefit consumers. ABA has urged the FCC issue re-interpretations of the TCPA that promote the use of efficient, effective, and modern communications between businesses and their customers.

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Jonathan Thessin

Jonathan J. Thessin

Senior Counsel, Consumer and Regulatory Compliance

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