Telephone Initiated Rules:
The TEL Entry Application
A Telephone-Initiated (TEL) Entry is a single entry (one-time) debit to a consumer Receiver's account, initiated pursuant to an authorization that was obtained from the Receiver orally via the telephone. Originators may use TEL entries only when the following criteria have been met:
- There must be an existing relationship between the Originator and the consumer. That is, there must be a written agreement in place between the Originator and the consumer for the provision of goods or services (for example, when the consumer has an insurance policy with the Originator), or the consumer must have purchased goods or services from the Originator within the past two years.
OR
- When no relationship exists between the Originator and the consumer, the consumer must be the one to place the telephone call to the Originator.
TEL entries may not be used in circumstances where:
- No relationship exists between the Originator and the consumer, and the Originator has initiated the telephone call (i.e., the Originator has “cold-called” the consumer). In such cases, the Originator must provide the consumer with a written authorization that is signed or similarly authenticated and initiate a PPD or a WEB entry.
- There is a standing authorization provided by the consumer to the Originator for the transmission of multiple but non-recurring ACH debit entries to the consumer's account, as in the example when the consumer has provided a written authorization to his brokerage firm to debit the consumer for occasional securities purchases. While the written authorization may contain language permitting the initiation of a debit via a telephone instruction, this type of entry must be transmitted as a PPD debit.
Authorization Requirements
Originators of TEL entries must obtain the consumer's explicit oral authorization, via the telephone, prior to initiating a debit entry to the consumer's account. Because TEL entries are single-entry (that is, one-time) debits, a separate and distinct oral authorization must be obtained from the consumer for each TEL entry to be initiated to the consumer's account.
The NACHA Operating Rules require that the Originator (1) clearly state, during the telephone call with the consumer that the consumer is authorizing an ACH debit to his account, and (2) express the terms of the authorization in a clear manner.
The authorization must include:
- The date on or after which the consumer's account will be debited;
- The amount of the debit entry to the consumer's account;
- The consumer's name;
- A telephone number that is available to the consumer and answered during normal business hours for customer inquiries;
- The date of the consumer's oral authorization; and
- A statement by the Originator that the consumer's authorization will be used to originate an ACH debit to the consumer's account.
The Rules further require the Originator to tape record the consumer's oral authorization or to provide written notice to the consumer, prior to the settlement date of the TEL entry, confirming the terms of the oral authorization (including the information specified above). A copy of the tape-recorded authorization or written notice must be retained for two years from the date of the authorization.
Voice response units (VRUs) may be used by the Originator during the telephone call to prompt consumers to key enter data and to respond to questions. However, key-entry responses by the consumer do not qualify as an oral authorization for purposes of TEL entries. Originators must understand that the actual authorization by the consumer and disclosure of the information noted above must be provided orally.
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If you have any questions concerning this Operations Bulletin, please contact the Network Services Department at NACHA at (703) 561-1100. |