Removing Barriers Blog

Highlights of Webinar on Recent FCC TCPA Ruling
Posted September 02, 2015 by CUNA Advocacy

On Tuesday, September 1 CUNA, CUNA Mutual Group attorneys, and legal experts from Ballard Spahr LLC provided a thorough overview of issues facing credit unions relating to the Telephone Consumer Protection Act (TCPA). Speakers included Leah Dempsey, senior director of advocacy at CUNA, Valerie Moss, CUNA’s senior director of compliance analysis, attorneys Daniel McKenna and Kim Phan from Ballard Spahr LLP and Lauren Capitini from CUNA Mutual Group.

During the webinar Ballard Sphar attorneys provided an extensive analysis of the July 15 TCPA Order, specifically outlining how it will impact credit unions. Some of this issues covered included: how the FCC expanded its interpretation of the autodialer definition to potentially bring many telephone systems within the scope of the TCPA; “prior express consent” and “consent revocation” provisions; and limited exemptions for certain “pro-consumer” calls/texts from financial institutions that are “free-to-end users.”

CUNA provided an update about the advocacy work surrounding the TCPA including:

  • Prior to the release of the final Order, CUNA filed a comment in support the ABA’s petition for an exemption for financial institutions. (December 2014)
  • CUNA letter to NCUA outlining concerns with the FCC’s Order and seeking their help in advocating to the FCC on credit unions behalf (August 2015)
  • CUNA’s coordination with several other financial services trades associations impacted by the Order

A series of polls taken during the webinar indicated that the majority of participants either currently used an “autodialer” to make calls to members, or possibly would be under the new definition in the FCC ruling. The majority of polled participants were also unsure if their current automated calling system was in compliance with the TCPA consent rules.

As we move forward in our Advocacy efforts on this issue, it is important to hear from CUNA members about how they are being impacted by this Order. Please feel free to contact our Senior Director of Advocacy and Counsel Leah Dempsey with any questions or concerns.