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Possible TCPA Violation?


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Hi, 

 
I have an account with a certain bank, and I continue to get calls from them, about one or two per day, soliciting me to take a survey. After receiving far too many calls, I called the bank's customer service line, and asked to be removed immediately. I got the customer service rep's name and ID. She stated to me that it would be removed immediately and that I would receive no more calls from the bank unless it was for a banking matter related to my account (i.e., account fraud, account activity, etc.)
 
Of course, this evening, I've already received four more calls asking if I'd like to take a survey. Is this a violation of TCPA rules?
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I believe the request must be in writing to sustain subsequent violations.  Follow this up with a letter CMRR stating not to contact you unless it is account related.

 

I would also give it a day sometimes it takes 24 hours or so to get a number out of an automated customer survey loop.  

 

That said:  I feel your pain.  You can't do business with anyone or visit a website without being asked to take a survey.  I have been surveyed to death and now when I do take one I tell them that.

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I've pursued litigation for a similar reason using just the time, date, and customer ID of the person involved... but it's been for another type of company and not one that I've done business with. I really don't know where even to send a CMRRR because nobody there talks to you aside from when you stay on the phone for an hour if you want to wait for transfers.

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You may want to place yourself on the Do Not Call List, if you're not already there.  Please see:  https://www.donotcall.gov/

 

Look up your state's Secretary of State and/or Division of Corporations. Then search for the bank's name. There will be a Registered Agent listed, where you can send correspondence. Typically when you send a letter this way, it is forwarded to the party's legal department. Great way to catch their attention ;-)

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You may want to place yourself on the Do Not Call List, if you're not already there.  Please see:  https://www.donotcall.gov/

 

Look up your state's Secretary of State and/or Division of Corporations. Then search for the bank's name. There will be a Registered Agent listed, where you can send correspondence. Typically when you send a letter this way, it is forwarded to the party's legal department. Great way to catch their attention ;-)

 

The DO NOT CALL registry won't help him in this case because it is the bank he has his accounts with that is calling him.  A business that you have done or do business with is not subject to the DNCR. 

 

He will have to mail the letter opting out of their survey and marketing calls.  

 

If not the registered agent I would simply mail it to the manager of the branch I opened my account with.  They should handle it just the same as the RA.

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@Clydesmom, you're correct about the Do Not Call Registry.  Re the RA, it sounds like the OP wants to catch their attention. A letter to the RA carries more of an implied threat to sue. A visit to the bank manager is a more friendly approach. It all depends on the poster's intention...

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  • 3 weeks later...

I would recommend a letter as well, to their listed 'contact us' number for customer correspondence.  The TCPA specifically addresses calls to cellular numbers.  Expressed consent use to be implied when you gave them that number to contact you, however, changes in October of last year made expressed consent requirements significantly more strict.

 

You could send them a letter revoking expressed consent to contact you at the number.  Just bare in mind, that at times the Bank may be attempting to contact you to report fraudulent activity on your account.  You may want to consider revoking consent for any contact for surveys or customer feedback.

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@Blinkybambam

I've pursued litigation for a similar reason using just the time, date, and customer ID of the person involved... but it's been for another type of company and not one that I've done business with. I really don't know where even to send a CMRRR because nobody there talks to you aside from when you stay on the phone for an hour if you want to wait for transfers.

How did you pursue litigation if you did not have a physical address?

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