WASHINGTON—CUNA has written to a House Energy and Commerce subcommittee requesting consideration of issues the trade group has raised over the Telephone Consumer Protection Act as the subcommittee conducts a markup.
CUNA filed a petition seeking TCPA relief last month, and it was issued for comment by the Federal Communications Commission (FCC) last week.
“We ask you to consider these issues as the Subcommittee marks-up legislation to amend the Communications Act of 1934 to reauthorize appropriations for the FCC, to provide for certain procedural changes to the rules of the Commission to maximize opportunities for public participation and efficient decision making, and for other purposes,” wrote CUNA President/CEO Jim Nussle.
CUNA’s petition requests the FCC issue a declaratory ruling that wireless informational calls to credit union member-owners with whom the credit union has an established business relationship, or where the call or text is in fact free, be exempt from the TCPA’s prior express consent requirement for autodialed and artificial or prerecorded voice calls.
CUNA has also contacted NCUA and the Consumer Financial Protection Bureau for support of the petition.
Separately, NAFCU is expressing its support for the ADA Education and Reform Act of 2017 (HR 620) in a letter Tuesday to bill author Rep. Ted Poe (R-TX).
The bill would likely curb frivolous lawsuits against credit unions filed under the Americans with Disabilities Act (ADA), NAFCU said.
The bill cleared the House Judiciary Committee last month.
HR 620 would set conditions for filing civil actions over the failure to remove an architectural barrier to an existing public place. It would also require the Justice Department to develop a program that would educate state and local governments, among others, on strategies for promoting access to public accommodations for those with a disability. The program could also include training for professionals to provide guidance for remediation in the event of potential ADA violations, NAFCU explained.
"NAFCU has long been supportive of making sure everyone has the ability to properly access capital and recognizes the important intentions of the American's with Disability Act (ADA)," wrote NAFCU Vice President of Legislative Affairs Brad Thaler.
"Your legislation is a step in the right direction, addressing the frequent scheming 'drive-by' lawsuits filed by trial attorneys, manipulating the system to best line their pockets instead of assisting the disabled community," he continued. "It is important that small businesses, such as credit unions, have the time and ability to properly comply with these ADA regulations …"
Thaler told Poe the association will continue to work with him on ways to expand some of the bill's protections, such as extending its coverage to website lawsuits, as the legislation advances.