AFSA Supports Exemption from TCPA for Mortgage Servicing Calls

As a part of its quest to modernize the Telephone Consumer Protection Act (TCPA), AFSA sent a letter to the Federal Communication Commission (FCC) on Sept. 2. AFSA’s letter supported the Mortgage Bankers Association’s petition for an exemption from the “prior express consent” requirement under the TCPA for autodialed and prerecorded mortgage servicing calls made to cell phones. AFSA agreed with MBA that residential mortgage servicing calls are critical to ensuring that borrowers understand what options are available to avoid foreclosure.

AFSA emphasized, “Because the TCPA is a strict liability statute, one error, such as a call to a number for which the caller had consent but which was reassigned, can result in a violation. The cost for each violation is steep – $500 - $1,500 per call.” AFSA also noted that TCPA filings increased by 45% in 2015.