Removing Barriers Blog

CUNA Writes to Senate Commerce Committee Prior to FCC Oversight Urging for TCPA Relief
Posted August 16, 2018 by CUNA Advocacy

The Senate Commerce Committee held an oversight hearing on the Federal Communications Commission (FCC).  Prior to the hearing, CUNA wrote to Chairman Thune and Ranking Member Nelson telling them that credit unions need  regulatory relief from the Telephone Consumer Protection Act (TCPA).

“Communications between a credit union and its members are responsible and focused on providing members with crucial, time-sensitive financial information, such as account balances and fraud alerts,” the letter reads. “In addition, many credit unions provide important information related to credit union governance and voting issues through these direct communications. Clearly, these communications do not fall into the same class of annoying and invasive telemarketing calls that the TCPA was intended to prevent.

“However, due to outdated and unclear legal requirements, some credit unions have found themselves the target of frivolous TCPA litigation,” the letter adds.

The FCC began reexamining its TCPA interpretation after the D.C. Circuit challenged the legality of the 2015 Omnibus TCPA Declaratory Ruling and Order issued by the FCC.

CUNA recently requested the FCC consider, in response to a recent request for information: 

  • Revising its reassigned number framework by defining the “called party” as the “intended recipient;”
  • Identifying reasonable methods to revoke consent; 
  • Granting the petition filed by the U.S. Chamber Institute for Legal Reform and clarify the definition of an “automatic telephone dialing system;” and 
  • Granting CUNA’s petition and eliminate antiquated distinctions between cell phone.

 CUNA also recommended a more centralized approach by creating a single, comprehensive database of reassigned numbers.

At the end of July, CUNA wrote a similar letter to the House Energy and Commerce Subcommittee on Communication and Technology for their oversight hearing on the FCC.