Q: Do we have any TCPA issues making phone calls to current customers to sell them other bank products?
A: Generally, if you have an established business relationship with the customer, there would be no compliance issues with TCPA to call them and sell other bank products unless that customer is on the bank’s internal do not call list or, as a best practice, is on the national do not call list.
Reference: “(5) The term established business relationship for purposes of telephone solicitations means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of the subscriber’s purchase or transaction with the entity within the eighteen (18) months immediately preceding the date of the telephone call or on the basis of the subscriber’s inquiry or application regarding products or services offered by the entity within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party.
(i) The subscriber’s seller-specific do-not-call request, as set forth in paragraph (d)(3) of this section, terminates an established business relationship for purposes of telemarketing and telephone solicitation even if the subscriber continues to do business with the seller.” 47 CFR §64.1200(f)(5)(i), https://www.ecfr.gov/cgi-bin/text-idx?rgn=div6&node=47:18.104.22.168.11.12.
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