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Does the existing business relationship exemption still protect us if we can prove we are manually calling and not using an autodialer?
As a general rule you should obtain prior express consent from your consumer for information calls. Prior express consent may consist of the customer providing the phone number on the application. Calls for marketing purposes require prior written consent.
Just curious…both our Loan Origination and Deposit Account Opening software now include a TCPA “Consent for Accounts” form. It is a consent form for the customer to sign for us to contact by phone, text or email. I have no objections to the form in general; it could be seen as a Safe Harbor measure. However, if we are NOT using auto-dialers and we are not making telemarketing calls, is the form actually required? We are having a debate with a third-party who provides an on-line service for us that currently does not allow the customer to elect/fill-in information in a disclosure. Thoughts?
Current confusion about the TCPA results from cases that challenge what is considered as a “automatic telephone dialing system” (ATDS). From recent cases it appears that the definition of ATDS could be so broad as to include using a cell phone to call a customer. The Federal Communications Commission is seeking further comment on what constitutes a ATDS. Until the issue is clarified the safe course of action continues to be obtain prior express consent from your consumer before making calls; that appears to be what your software vendors are attempting to do.
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