Removing Barriers Blog

CUNA Meets with Federal Communications Commission to Discuss Recent TCPA Order
Posted September 29, 2015 by CUNA Advocacy

This week, Elizabeth Eurgubian, deputy chief advocacy officer for regulatory and executive branch relations and senior counsel, and Leah Dempsey and Andy Price, senior directors of advocacy and counsels met with Federal Communications Commission’s (FCC) to discuss an Omnibus Declaratory Ruling and Order (“Order”) concerning the Telephone Consumer Protection Act (TCPA). This meeting is one of several different efforts CUNA is engaged in to seek relief for credit unions detrimentally impacted, or that have the potential to be detrimentally impacted, by the Order.

In August, we sent a letter to the National Credit Union Administration’s (NCUA) Office of Consumer Protection outlining concerns with the Order. While the NCUA does not have jurisdiction over the TCPA, CUNA wanted to highlight to it the problems credit unions may have with the Order such as substantial compliance burdens, and being subject to frivolous class-action litigation surrounding the TCPA. Moreover, the letter expressed concerns that credit union members will not be able to receive important communications that they want and need such as fraud alerts or other pertinent account information because of the Order.

We also recently led the efforts to send a joint letter to Capitol Hill  urging the Senate Commerce, Science, and Transportation Committee and the House Energy and Commerce Committee to hold a hearing to reviewing the Order. The letter urged Congress to update the antiquated TCPA to reflect today’s technology, and to address the confusion created by the TCPA’s Order. It also expressed frustration that the Order was not put out in a typical Notice and Commend period, depriving the public and Congress an opportunity to weigh in on the substance of it.

We also held a webinar in early September to help credit unions understand some of the compliance challenges the Order brings. The webinar outlined potential problems with the financial institution exemptions, as well as concerns about an expanded scope of what is considered an autodialer, ambiguity about how consumers can revoke consent to receive calls, and strict and unfair guidelines for calling reassigned numbers.

Finally, our advocacy team is currently in the process of preparing an amicus curiae in support of litigation challenging the Order.