Removing Barriers Blog

Oral Arguments Are Set for this Fall for TCPA Order Challenge
Posted July 26, 2016 by CUNA Advocacy

The oral arguments for the lawsuit challenging the Federal Communication Commission’s July 2015 Telephone Consumer Protection Act (TCPA) Order have been set for October 19, 2016. CUNA, along with the American Bankers Association and Independent Community Bankers Association, filed the financial services joint amici brief in support of the litigation in the U.S. Court of Appeals for the District of Columbia challenging the FCC’s TCPA Order. 

The brief was a very important addition to the lawsuit because it primarily focuses on specific concerns to credit unions and other smaller financial institutions.  

The brief challenged three specific aspects of the Order:  

  • The definition of an automatic telephone dialing system (autodialers). 
  • The standard for liability based on a single call made to a reassigned number (i.e., a wireless telephone number that has been reassigned to a consumer that has not provided consent to receive such calls). 

  • The broad and undefined expectations expressed by the FCC with regard to the mechanisms that need to be made available to individuals to revoke consent to receive autodialed calls.  

It also discussed the practical limitations of the financial institutions exemption, which has not proven useful for credit unions seeking to communicate with members. 

Since the FCC’s Order, CUNA has also written to Congress with its TCPA concerns, outlined credit union concerns to the National Credit Union Administration and the Consumer Financial Protection Bureau, met with the FCC to discuss concerns and hosted a webinar on potential issues for credit unions. 

CUNA also recently filed a comment in response to the FCC’s implementation of the Budget Act.