OCC Bulletin 2023-35 | November 1, 2023

Telephone Consumer Protection Act: Revised Interagency Examination Procedures and Rescissions

To

Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies; Department and Division Heads; All Examining Personnel; and Other Interested Parties

Summary

The Office of the Comptroller of the Currency (OCC) today published the revised interagency examination procedures for the Telephone Consumer Protection Act (TCPA). The OCC, Federal Deposit Insurance Corporation, and the National Credit Union Administration have revised the interagency examination procedures to reflect amendments to the TCPA that became effective on October 25, 2021.¹

Rescissions

With the publication of the revised interagency examination procedures, the OCC has rescinded the “Telephone Consumer Protection Act and Junk Fax Protection Act” section of the “Other Consumer Protection Laws and Regulations” booklet of the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. OCC examiners will rely on the interagency procedures.

Note for Community Banks

This bulletin applies to all community banks.²

Highlights

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.
safe harbors for callers that check a reassigned number database maintained by the Federal Communications Commission.

Further Information

Please contact Candace B. Matzenauer, Director for Consumer Compliance Policy, at (202) 649-5470.

Grovetta N. Gardineer
Senior Deputy Comptroller for Bank Supervision Policy