FDIC assesses civil money penalty for bank’s alleged TCPA violations

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An FDIC order assessing a $200,000 civil money penalty for a bank’s alleged TCPA violations is a stark reminder that FDIC examiners are looking at TCPA compliance.

The order states that the FDIC determined that the bank violated the TCPA and its implementing regulations by continuously calling consumers at numbers listed on the National Do Not Call Registry or by calling consumers who had asked to be placed on the bank’s internal do not call list.  It further states that the FDIC determined that the bank also violated Section 5 of the Federal Trade Commission Act by engaging in telemarketing in which telemarketers misrepresented themselves as employees or affiliates of the federal government.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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