Removing Barriers Blog

CUNA Joins Trades in Filing TCPA Petition with the FCC to Define 'Autodialer'
Posted May 03, 2018 by CUNA Advocacy

Earlier today, CUNA joined ACA, ABA, MBA, the Chamber and others in requesting FCC Board action, following the DC Circuit’s ruling that the existing automatic telephone dialing system (ATDS) interpretation was overbroad.  The petition was filed at the FCC and requests the Commission to take action to clarify the definition of ATDS for purposes of the Telephone Consumer Protection Act (TCPA).

The petition urges the FCC to confirm that to be an ATDS, equipment must use a random or sequential number generator to store or produce numbers and dial those numbers without human intervention, and also find that only calls made using actual ATDS capabilities are subject to the TCPA's restrictions.

CUNA requested the FCC “expeditiously” issue a declaratory ruling to clarify the TCPA’s definition of an ATDS, specifically that the FCC:

  • Confirm that to be an ATDS, equipment must use a random or sequential number generator to store or produce numbers and dial those numbers without human intervention; and
     
  • Find that only calls made using actual ATDS capabilities are subject to the TCPA's restrictions.

Over the past few weeks CUNA has also worked with other trade associations in sending letters to House and Senate Committees prior to hearings on abusive robocalls.