Regulator grants GM Financial exemption on TCPA rule

The Federal Communications Commission has issued a reprieve from the Telephone Consumer Protection Act that will allow AmeriCredit Financial Services to refer to itself as its “doing business as” name — GM Financial — in prerecorded phone calls to customers, the agency announced.

GM Financial contended that consumer confusion as to who was calling could lead to a higher risk of “prolonged delinquency because the consumer may not respond to discuss potential financial assistance options that may be available,” the order read.

“We conclude that granting this limited waiver will better serve the public interest by ensuring that GM Financial’s customers understand the identity of the calling party and are not confused by the use of an unfamiliar legacy name,” the FCC wrote in its memo. TCPA rules require companies to refer to themselves by their legal name in the state they’re registered to do business.

However, GM Financial argued that its customers weren’t aware of its legacy name, as AmeriCredit Financial Services is only referred to once in the company’s welcome letter. Further, captive lender refers to itself as GM Financial in all consumer-facing communications and is registered as GM Financial in all the states in which it does business.

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