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By providing a mobile number, customers consent to Chase contacting them via text, prerecorded voice messages, and automatic dialing technology for informational and account service purposes, and consent to call recording and voice-based identity verification. Chase states this consent does not extend to telemarketing or sales calls.
This analysis describes what Chase's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes consent to automated dialing and prerecorded voice messages upon providing a mobile number, which implicates the Telephone Consumer Protection Act (TCPA). The agreement states customers may change these preferences at any time by contacting Chase. The carve-out for telemarketing and sales calls is operationally significant for TCPA compliance purposes.
Interpretive note: TCPA consent scope has been subject to evolving judicial and FCC interpretation; the enforceability of blanket mobile number consent for automated communications may depend on the specific communication type and applicable FCC rules in effect at the time of the communication.
Under this provision, providing a mobile number to Chase constitutes consent to receive automated calls and text messages for account servicing purposes from Chase and companies acting on its behalf. The agreement states customers may contact Chase at any time to change these communication preferences.
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"We may record and/or monitor any of our telephone conversations with you. If we do record, we do not have to keep the recordings, unless the law says we must. We may use your voice to verify your identity. When you give us your mobile number, we have your permission to contact you at that number about all of your Chase or J.P. Morgan accounts. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not for telemarketing or sales calls. It may include contact from companies working on our behalf to service your accounts. Message and data rates may apply. You may contact us anytime to change these preferences.Excerpt from Chase's Deposit Account Agreement
1. REGULATORY LANDSCAPE: Automated calling and text messaging consent implicates the Telephone Consumer Protection Act (TCPA), enforced by the FCC, which requires prior express consent for autodialed or prerecorded calls to mobile numbers. The FTC also has authority over telemarketing practices under the Telemarketing Sales Rule. The agreement's carve-out for telemarketing and sales calls is consistent with TCPA requirements for marketing calls, which require separate written consent. 2. GOVERNANCE EXPOSURE: Medium. TCPA litigation is active and the scope of TCPA consent has been subject to significant judicial and FCC interpretation since the 2021 Supreme Court decision in Facebook v. Duguid. The agreement's consent language should be reviewed against current FCC rules and judicial interpretations of TCPA consent scope. 3. JURISDICTION FLAGS: California's Invasion of Privacy Act (CIPA) requires all-party consent for call recording, which may interact with the agreement's call recording provision for California-based customers. The agreement does not specify state-by-state call recording consent compliance. 4. CONTRACT AND VENDOR IMPLICATIONS: Companies contacting customers 'on behalf of' Chase for account servicing are covered by this consent provision; vendor contracts should confirm these companies operate within the scope of the disclosed consent. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should confirm that the consent language satisfies current TCPA and FCC requirements for automated calling and texting. The opt-out mechanism ('contact us anytime to change these preferences') should be operationally functional and accessible. Call recording consent notices for California customers should be reviewed under CIPA requirements.
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This provision establishes consent to automated dialing and prerecorded voice messages upon providing a mobile number, which implicates the Telephone Consumer Protection Act (TCPA). The agreement states customers may change these preferences at any time by contacting Chase. The carve-out for telemarketing and sales calls is operationally significant for TCPA compliance purposes.
Under this provision, providing a mobile number to Chase constitutes consent to receive automated calls and text messages for account servicing purposes from Chase and companies acting on its behalf. The agreement states customers may contact Chase at any time to change these communication preferences.
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