OCC/FDIC Revisions for TCPA Compliance: Banking Industry Preparedness

Summary

Overview of OCC Bulletin and TCPA Compliance Expansion

The webinar introduced the significant changes imposed by the OCC bulletin, which immediately integrates TCPA compliance checks into annual examinations for FDIC-insured banks and savings associations—even in the absence of consumer complaints. The presenters emphasized the depth and seriousness of these reviews, which will now assess policies, procedures, training, monitoring mechanisms, and corrective actions related to telephone communications. Institutions must be able to demonstrate compliance across call scripts, consent records, opt-out processes, calling technology configurations, and complaint handling. The TCPA requirements include maintaining and honoring Do Not Call (DNC) lists (national, state, wireless, and internal), acquiring and documenting proper consent (especially express written consent), adhering to call time and content restrictions, and ensuring technical compliance with caller ID and pre-recorded message rules. A strong focus was placed on establishing documentation to qualify for the TCPA’s Safe Harbor provisions and prepare for potentially intrusive regulatory scrutiny.

Implementation Steps, Tools, and Risk Mitigation Strategies

The presentation also outlined actionable steps for readiness: institutions should inventory all campaigns, evaluate dialing methods, and centralize consent and opt-out data. The reassigned numbers database (RND) and TCPA litigator lists were highlighted as crucial tools to avoid unintended violations, especially when phone numbers change hands or known plaintiffs infiltrate lead systems. Danny Hit of PossibleNOW demonstrated how their consent and compliance solutions can centralize DNC lists, manage revocations, integrate with customer touchpoints, and provide robust reporting. The session closed with a reminder that state “mini-TCPA” rules (like those in Florida and Maryland) can be more restrictive than federal law, and compliance programs must also account for these variations. The overarching message: institutions must prepare for more frequent and rigorous oversight—and avoid costly lawsuits—by treating TCPA compliance as an operational priority.