ABA submitted a comment letter yesterday in support of a recent petition filed by Capital One Services LLC seeking clarification of the Federal Communications Commission’s Telephone Consumer Protection Act regulations. Capital One’s petition seeks confirmation that, in response to a customer’s request to “opt out” of autodialed informational text messages, a bank or other business can send a one-time text message to confirm whether the customer’s revocation request applies to one category of text messages or to all texts sent by the bank.
ABA also reiterated its request that the FCC confirm that businesses and their customers may agree contractually that customers must use specific methods to revoke their consent to receive autodialed calls. Where no contract governs, ABA asked that the FCC hold that a customer may revoke consent only through “clearly-defined and easy-to-use opt-out methods” provided by the business, as a federal appellate court has suggested.
ABA also urged the FCC to reform its TCPA regulations to remove barriers that prevent banks from placing important calls to their customers. ABA urged the commission to clarify the scope of a key statutory term—an “automatic telephone dialing system”—in a manner that aligns with the text of the TCPA and congressional intent. Read the letter.