OCC rescinds previous exam procedures for Telephone Consumer Protection Act, says will follow interagency procedures

A bulletin noting that bank examiners will follow the interagency procedures for examinations under the Telephone Consumer Protection Act (TCPA), as revised in October 2021, was issued Wednesday by the Office of the Comptroller of the Currency (OCC).

In Bulletin 2023-35, the OCC said it has rescinded the “Telephone Consumer Protection Act and Junk Fax Protection Act” section of the “Other Consumer Protection Laws and Regulations” booklet of the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.

The revised procedures, the bulletin said, 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.
  • safe harbors for callers that check a reassigned number database maintained by the Federal Communications Commission.

It said the OCC, Federal Deposit Insurance Corp. (FDIC), and the National Credit Union Administration (NCUA) have revised the interagency examination procedures to reflect amendments to the TCPA that became effective on October 25, 2021.

OCC Bulletin 2023-35