American Bankers Association Requests TCPA Exemption

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The American Bankers Association (Association) has filed a petition requesting that the Federal Communications Commission (Commission) exempt certain time-sensitive informational calls, placed without charge to the called parties, from the Telephone Consumer Protection Act’s (TCPA) restrictions on automated calls to mobile devices. The Association asks the Commission to exempt automated calls and text message alerts to wireless telephone numbers concerning: (1) transactions and events that suggest a risk of fraud or identity theft; (2) possible breaches of the security of customers’ personal information; (3) steps consumers can take to prevent or remedy harm caused by data security breaches; and (4) money transfer notifications and notifications of actions needed to arrange for receipt of pending money transfers. The TCPA and the Commission’s implementing rules prohibit using an “automatic telephone dialing system or an artificial or prerecorded voice” to make a call to a wireless telephone number, except in emergencies or with prior express consent of the called party. Comments on the petition are due December 8, 2014; and replies are due December 22, 2014.

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