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During this week’s Research Assistant Peer Call, a member raised the question of how to effectively manage the frequency of digital two-way communication with consumers. It is essential to understand that, apart from a few state laws, there is generally no defined frequency limitation for digital communications. However, companies may consider implementing policy controls to bolster their bone fide error defense. 

Some organizations may opt to include all two-way digital communication in their call count to mitigate potential harassment claims, while others might incorporate frequency limits into their over-communication strategy. Currently, there are no discernible case law trends that offer new insights into digital communication frequency outcomes. 

The Research Assistant Peer Group unanimously agreed that establishing clear starting and ending points for any two-way communication is crucial for defending against potential confusion regarding what constitutes communication. For instance, implementing a standardized process for closing out two-way communication ensures that consumer inquiries are addressed and provides a definitive endpoint for the interaction. 

Example of Two-way Communication Closure: 

Agent: “Have I addressed all your questions today?”  

Consumer: “Yes”  

Agent: “Thank you for reaching out to us. We are closing this inquiry, and a record of this communication has been logged into your account.” 

Top Reads: 

• How to Remediate Regulatory Exam Findings in Financial Services 

• California DFPI’s Proposed EWA Legislation Rejected by Office of Administrative Law

Documents and Crowdsourced Materials: 

• Member Questions: Litigation Update, Email Timing, Appearance Counsel Validation Notices, CFPB Disputes, and Payment Plans 

Upcoming Webinars/ Other Announcements: 

• RA Compliance Corner: Internal Controls- When and How to Effectively Use Them, June 12, 2024, at 2:00 ET. Register for the webinar here! 

• Please make a note of our updated email addresses:  

• Sara Woggerman, sara_consultant@roundtables.us  

• Missy Meggison, mmeggison@roundtables.us   

• Have topics you want to discuss during the peer call? Please send them to: Sara_Consultant@roundtables.us by Thursday to ensure it makes it on our agenda!