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BoA Autodial Settlement Is TCP Act Lesson: Reg Advocacy Report Cautions
WASHINGTON (10/8/13)--Bank of America recently reached a preliminary $32 million settlement with consumers that alleged violations of the Telephone Consumer Protection Act (TCPA). In the aftermath of this settlement, the Credit Union National Association has encouraged credit unions to be mindful of any autodialed calls placed to members' cel lphones, which under certain circumstances can violate the TCPA and open the credit union up to liability.

The settlement, as noted in this week's CUNA Regulatory Advocacy Report, is believed to be the largest settlement in TCPA history. Plaintiffs in the case claimed that Bank of America autodialed their cell phones resulting in calls or texts without their prior consent.

The Report noted that courts in many cases have determined that debt collection calls made to cell phones using an automatic telephone dialing system or a pre-recorded voice violate the TCPA if the called party has not provided their "prior express consent" to receiving such calls. The Federal Communications Commission, which issues TCPA rules, has also considered debt collection calls within the scope of the TCPA, the Report said.

This week's Regulatory Advocacy Report also includes:
  • Details on a Consumer Financial Protection Bureau field hearing on the CARD Act, which was attended by CUNA;
  • The U.S. Department of Housing and Urban Development's proposed qualified mortgage rule;
  • The Federal Reserve's new consumer compliance supervision program for community banks; and
  • Information on CUNA's attendance of the annual NACHA Councils payments meeting.
A resource chart with information on current CUNA comment calls is also provided in the Report.

For this week's Regulatory Advocacy Report, CUNA members can use use the resource link.
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