FCC Expected to Exempt Mobile Fraud Alerts from TCPA

Federal Communications Commission Chairman Tom Wheeler yesterday circulated a summary of his proposal to clarify the Telephone Consumer Protection Act’s restrictions on autodialed calls and texts. One item to be addressed is ABA’s petition to the agency for an exemption from TCPA’s requirement for “prior express consent” for autodialed calls to alert bank customers to fraudulent transactions, data breaches and actions required to complete funds transfers.

According to the fact sheet, the proposal would allow “very limited and specific exceptions for urgent circumstances,” including “alert[ing] consumers to possible fraud on their bank accounts.” Debt collection and marketing communications would not be allowed, and customers would be able to opt out of urgent security alerts too.

It is unclear whether the proposal will permit an exemption for communications relating to data breaches or money transfers, which ABA also sought. The FCC will vote on Wheeler’s proposal on June 18. For more information, contact ABA’s Jonathan Thessin.