During this webinar, Jon Tavares, an experienced banking compliance consultant, will guide participants through the law's coverage and share practical points to enable banks and credit unions to reach customers and prospects while avoiding litigation. Participants will learn about the TCPA, recent FCC interpretations, and practical tips for avoiding TCPA claims. In particular, we will focus on maintaining your communications with customers while avoiding costly class actions and other TCPA litigation.
Objectives of the Presentation:
During this program, attendees will learn:
- The history, purpose, and coverage of the TCPA
- What the TCPA actually requires, including:
- - The time of day restrictions on calling
- - The National Do-Not-Call Registry and company specific Do-Not-Call lists
- - What are autodialed and prerecorded message calls, including the recent FCC rules that greatly expand the definition
- When prior consent is required, when prior consent must be written, and when the established business relationship exception applies, including recent rule changes that eliminated the exception for certain calls
- How to determine whether you are calling a residential or wireless number and how to protect against calling a reassigned number; and
- What monetary damages are available to private litigants, including recent lawsuit examples
The fastest growing area of consumer complaints and litigation community banks and credit unions is the Telephone Consumer Protection Act (TCPA). According to WebRecon LLC, there were 4,860 consumer lawsuits filed under the TCPA in 2016. That is an increase of almost 32% over the number of TCPA suits (3,687) filed in 2015 and almost a 3,500% increase in the number of suits (14) filed in 2007. If the number of suits grows at the rate of the past 5 years (44.44) there will be over 7,000 suits filed in 2017.
The TCPA was enacted in 1991 in response to the increasing number of consumer complaints regarding telemarketing calls and communications. It has been amended a number of times and now restricts automated and prerecorded messages (including text messages), advertising calls to mobile telephones or other devices where the customer must pay to receive the call, and solicitation calls after a customer has added his or her name to a “Do Not Call” list. It also includes the Junk Fax rules prohibiting unsolicited fax advertisements. Recent Federal Communications Commission (FCC) rulings have greatly increased the scope of the rules. Many financial institutions that previously may have been in compliance are likely engaging in acts that could violate the TCPA.
The TCPA is often adhered to informally, rather than being treated as an official matter outlined in the institution's policies and procedures. Regardless of if your bank or credit union has adopted an informal or formal approach to the TCPA, your institution needs to review, revise, and update your customer contact policies in 2017.
Regulatory Compliance Consultant ,
Jon Tavares, JD, LLM, CRCM, NCCO is an independent regulatory compliance consultant and trainer. Having served as Corporate Counsel for a community bank, Compliance Officer at a regional bank, and Regulatory Change Manager at a large bank, Jon has varied and wide-ranging experience. He is knowledgeable in all aspects of banking compliance with an emphasis on advertising, military lending, mortgage, and privacy rules. He earned a Bachelor of Arts from San Diego State University and Master of Laws and Juris Doctor degrees from The University of Alabama School of Law. He is a Certified Regulatory Compliance Manager and NAFCU Certified Compliance Officer.
- Financial Institutions/other Lending and FinTech companies
- In-house Legal and Compliance Executives
- C-Suite Executives
- Chief Marketing Officers/ Executive Sales Department Heads
- Marketing Department Staff
- Collections Officers
- Compliance Officers
- Auditors and Audit Staff