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amigo_boy

join:2005-07-22
Reviews:
·magicjack.com

reply to SLD

Re: Banks?

said by SLD:

Man, they really do rule the world!
I don't know where DSLR is getting "banks" from. The FTC document says:

said by 16 CFR Part 310 :

The Commission also has decided to adopt two exemptions from the requirements of the prerecorded call amendment that commenters strongly advocated. First, all healthcare-related calls subject to the Health Insurance Portability and Accountability Act of 1996 (‘‘HIPAA’’)4 will be exempt from all of the requirements of the amendment. Second, charitable fundraising calls made by for-profit telemarketers to members of, or previous donors to, a non-profit charitable organization on whose behalf the calls are placed will be exempt from the requirement to obtain prior consent, ...
The word "bank" doesn't even appear in the document.

Mark


cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:5
Reviews:
·Frontier FiOS

Click on the first link on the summary. Skip to the fifth paragraph that reads:

quote:
In addition, calls not covered by the TSR – including those from politicians, banks, telephone carriers, and most charitable organizations – are not covered by the new prohibition. The new prohibition on prerecorded messages does not apply to certain healthcare messages. The new rule prohibits telemarketing robocalls to consumers whether or not they previously have done business with the seller.
Emphasis added.

Banks are already exempted from the TSR so an additional explicit exemption from robocalls would be redundant.


Steve
I know your IP address
Consultant
join:2001-03-10
Yorba Linda, CA
kudos:5

said by cdru:

Click on the first link on the summary
The summary is not the regulation; the regulation is the regulation.

The terms "financial institution" and "bank" do not appear in the regulation.

K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
kudos:1

That's because the FTC does not have any authority over the conduct of banks, ergo, cannot regulate their use of robocalling.



cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:5
Reviews:
·Frontier FiOS

reply to Steve

said by Steve:

The terms "financial institution" and "bank" do not appear in the regulation.
Your right. It doesn't appear in the regulation because the FTC doesn't have the authority to regulate banks, insurance companies, political pollsters, etc to begin with.

Karl's summary just points out that banks are among a group of callers that aren't covered under the rules that go into affect 9/1. amigo_boy See Profile said he didn't know where Karl was getting banks from. I supplied a link, the same link that Karl gave in the summary, that explicitly mentions banks as being excluded, plus additional information that banks were exempt from TSR already. What more do you want?


Steve
I know your IP address
Consultant
join:2001-03-10
Yorba Linda, CA
kudos:5

1 edit

said by cdru:

What more do you want?
Your "The FTC doesn't have the authority to regulate banks" is a lot more useful than saying "Banks aren't covered - take my word for it".

Thank you.

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