In a recent joint letter to the House Energy and Commerce Committee, the American Bankers Association joined the U.S. Chamber of Commerce and 13 other trade associations in opposing legislation that would make it more difficult for banks and other businesses to contact their customers under the Telephone Consumer Protection Act and could encourage abusive lawsuits.
Designed to stop abusive telemarketing calls, with limited exceptions, the TCPA requires a caller to obtain the called party’s prior express consent before placing auto-dialed calls—that is, calls placed using a random or sequential number generator—or prerecorded calls. H.R. 7116, the “Do Not Disturb Act,” would expand the TCPA’s coverage to include dialing equipment that calls stored telephone numbers—such as lists of bank customers—unless the equipment “requires substantial human intervention” to make or send the call or text message.
The new requirement would cause banks’ efficient dialing equipment to fall under the TCPA. If enacted, the bill could discourage banks from calling their customers, because of fear of the potential liability for placing the call, the groups warned.
