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Comptroller
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Date: August 24, 2007 |
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On June 14, 2007, the Federal Financial Institutions Examination Council’s Consumer Compliance Task Force approved certain revisions to the interagency consumer compliance examination procedures for the Telephone Consumer Protection Act (TCPA) and Junk Fax Prevention Act (JFPA). These revisions clarify the specific responsibilities of institutions that make telemarketing calls only to existing customers, as well as the responsibilities of those that make such calls to non-customers. The revisions also update the procedures to reflect the 2006 amendments to the rules implementing the JFPA. The revised procedures are attached. The TCPA and JFPA and their implementing rules establish a national Do-Not-Call registry, place a number of restrictions on unsolicited calls and faxes, and place certain requirements on entities making such communications. National banks are subject to the Federal Communications Commission (FCC) rule, 47 CFR 64.1200, implementing the two acts. The corresponding Federal Trade Commission (FTC) telemarketing rule, 16 CFR 310, does not apply to national banks, but does apply to third parties acting on a national bank’s behalf. The OCC issued the original interagency TCPA procedures on March 30, 2006, accompanying OCC Bulletin 2006-15. On August 22, 2006, the OCC also issued OCC Bulletin 2006-37, which highlighted the fact that national banks are subject to the provisions of the FCC rule, including civil liability for violations, if they engage in “telemarketing,” including telemarketing to existing customers. The previously issued procedures are hereby rescinded. The OCC will incorporate these revised examination procedures in an update to the Comptroller’s Handbook series. Until the revised handbook is issued, examiners should use the procedures as attached. Questions about the TCPA, JFPA, and these examination procedures may be directed to your supervisory office, the Compliance Policy Division at (202) 874-4428, or the Community and Consumer Law Division at (202) 874-5750.
Attachment: Examination Procedures |