TCPA Relief for Covid-19 Communications Could Extend to Financial Institutions

Financial institutions face unprecedented and rapidly evolving challenges in the wake of the Covid-19 pandemic, including the need to communicate quickly and efficiently with customers in the face of government-issued stay-at-home orders. But the Telephone Consumer Protection Act, with its steep statutory damages of between $500 and $1,500 per call, complicates matters. The TCPA generally prohibits calls or texts placed with an autodialer or prerecorded or artificial voice without the prior express consent of the called party.

Financial institutions have been hopeful that the government would provide relief and allow them to freely communicate with their customers during the pandemic without the threat of TCPA liability. The government has yet to do so, but there is good reason to remain hopeful.

Originally published in Bloomberg Law; reprinted with permission.