Agencies revise TCPA examination procedures

Agency Rule-Making & Guidance OCC FDIC NCUA Comptroller's Handbook TCPA

On November 2, the OCC published revisions to the interagency examination procedures for the Telephone Consumer Protection Act (TCPA), which are utilized by the FDIC, NCUA, and the OCC.  The OCC also announced that it is rescinding the “‘Telephone Consumer Protection Act and Junk Fax Protection Act’ section of the ‘Other Consumer Protection Laws and Regulations’ booklet of the Comptroller’s Handbook” and explained that OCC examiners will rely on the new interagency procedures. 

The revisions were made to reflect amendments to the TCPA that became effective on October 25, 2021.  “The revised interagency examination procedures address:

• provisions governing how customers can revoke consent under the TCPA;
• special exemptions from the customer consent provisions of the TCPA for banks using automated communications to notify customers of potential account fraud; and
• safe harbors for callers that check a reassigned number database maintained by the Federal Communications Commission.”

The revised examination procedures booklet can be found here.