Removing Barriers Blog

CUNA responds to FCC Public Notice on TCPA
Posted October 18, 2018 by CUNA Advocacy

On October 17th, CUNA submitted a comment responding to a FCC Public Notice issued to gather feedback after the Ninth Circuit Court of Appeals decision in Marks vs. Crunch San Diego, LLC.  The Ninth Circuit’s ruling in Marks would substantially expand the TCPA definition of an “automatic telephone dialing system” (ATDS).

In its comment, CUNA argued that the Ninth Circuit has misinterpreted the TCPA and its flawed conclusions disregard the statutory text of the TCPA, Congress’s intent, and the D.C. Circuit’s decision in ACA International v. FCC.  For these reasons, CUNA called on the Commission to correct the Ninth Circuit’s erroneous interpretation.

CUNA also called on the FCC to take this opportunity to update antiquated distinctions between wireless and landline calls when companies make informational calls to their customers or members, as requested in CUNA’s petition earlier this year.