Oral arguments in the case challenging the FCC’s July 2015 TCPA Order will be held Wednesday, Oct. 19. CUNA staff plans to attend the hearing that will be held at the D.C. Circuit Court of Appeals. CUNA has been closely following this case and filed a joint Amici Brief highlighting credit union concerns with the Order. Some of the specific consequences of the Order that the brief takes issue with include:
- The inability to use automated calling methods delay the institution’s ability to contact credit union members about fraud and identify theft and other important account information that can help members avoid hardship or embarrassment
- The expanded scope of the definition of autodialer, which effectively prohibits financial institutions from using many efficient dialing technologies
- The order provides a strong disincentive for a financial institution to make calls to its customers or members as a result of the onerous guidance about calling reassigned numbers
- The problematic guidance about how a consumer can revoke consent
- The practical limitations of the financial institutions exemption. The exemption is of particular concern to small financial institutions, and as articulated in the TCPA Order, offers very limited relief
Many cases around the country have stayed TCPA decisions to see how the D.C. Circuit rules. We will be monitoring any additional actions after the arguments and keeping credit unions updated.
Other national issues include a serious look at the constitutionality of the CFPB and pending regulatory comment calls.