TCPA for loan officers, working version.

The six rules you have to operate under.

1. Prior express written consent for marketing autodialed or prerecorded calls and texts.

Any marketing call or text made with an autodialer or a prerecorded voice to a mobile number requires prior express written consent that clearly identifies the caller (the lender or the loan officer by name) and the channel. "Clicked through from a lead-gen partner" is not consent for the loan officer by name under the one-to-one rule's framing. The compliant pattern is a consent form that says, in plain English, that the consumer agrees to be contacted by this specific named lender or loan officer, with a timestamp and IP captured.

2. The established-business-relationship (EBR) exception is narrower than it looks.

For past clients, the EBR exception permits certain informational and transactional calls (a loan-anniversary note, a servicing-related update) without separate marketing consent. It does not cover a marketing refinance pitch or a HELOC offer. The practical operating posture is to treat every call or text as requiring marketing consent, document the basis per contact, and let the exception be a backstop rather than a plan.

3. Federal quiet hours: 9 PM to 8 AM in the called party's time zone.

A Chicago-based loan officer sending texts at 8:30 PM Central is calling into 9:30 PM Eastern. That is a quiet-hours violation for an East Coast borrower. The compliant posture is to run outreach against the borrower's local time zone, not the LO's. LO Radar gates every scheduled send on the recipient's timezone.

4. State mini-TCPA overlays are stricter in several states.

Florida and Oklahoma restrict telephone solicitations to 8 AM to 8 PM local time and impose stricter consent rules than federal TCPA for certain classes of calls. Maryland's Telephone Solicitation Act applies a similar window. Washington has a stricter standard for automated marketing texts. California's regime has been actively legislated. Running outreach nationwide requires honoring the stricter of (a) federal TCPA, (b) the state of the LO's business, (c) the borrower's state of residence. The compliance-safe default is to apply 8 AM to 8 PM local-time windows across the board.

5. Opt-outs are permanent and cross-channel in effect.

A text STOP opts the borrower out of text marketing. A verbal opt-out on a call opts them out of marketing calls. A reasonable operating posture extends either revocation across channels unless the borrower explicitly re-opts in. LO Radar logs every opt-out with timestamp, channel, and the message that triggered it, gates every draft against the live opt-out status, and refuses to render a marketing draft once the contact is in opted-out state.

6. Re-consent is required when the loan officer changes employers.

Consent is given to a named caller. When a loan officer moves from Lender A to Lender B, the past clients who consented to be contacted by "Jane Smith at Lender A" have not consented to be contacted by "Jane Smith at Lender B." A re-consent first-touch is required before any further marketing contact. This is the pattern Career Book Passport and the Consent Status + Re-consent Workflow in LO Radar automate.

The operational posture a bank will accept.

1. Per-contact consent record (basis, entity, date, channel) stored on every borrower row.
2. Opt-out gate that refuses to draft outreach for an opted-out contact in code.
3. Timezone-aware scheduling with 8 AM to 8 PM windows as the default.
4. Re-consent first-touch when the loan officer changes employers.
5. Full audit log: draft generated, approver, timestamp, channel, outcome.

LO Radar implements all five. See the full RESPA / TILA / TCPA / FCRA / GLBA / HPPA posture at /security, the consent workflow at /security/consent-management, and the RESPA Section 8 companion at /compliance/respa-section-8-past-client-marketing.