WASHINGTON—NAFCU, CUNA and other financial trade associations, highlighted the consequences of vague language in the Telephone Consumer Protection Act (TCPA) to members of the Senate Commerce Committee.
NAFCU noted that it has consistently sought clarification related to the law as credit unions have ceased important communications with members about their accounts over fear of inadvertently violating the rule.
The letter was sent to Senate Commerce Committee Chairman John Thune (R-SD) and Ranking Member Bill Nelson (D-FLA) ahead of the hearing this week, "Abusive Robocalls and How We Can Stop Them."
In the letter, the trades acknowledge the burden of illegal robocalls on consumers and the Federal Communications Commission's (FCC) efforts to curb their frequency. However, they write that "[l]egitimate businesses need clarification and standards for how to best serve their members and customers, and are equally concerned about the level of fraudulent and illegal actors in this space."
"We support the FCC's efforts to deter bad actors while facilitating the ability of legitimate businesses to contact consumers promptly and efficiently," the groups conclude.
Last month, the U.S. Court of Appeals for the D.C. Circuit issued a decision in a lawsuit, ACA International v. FCC, that stemmed from a declaratory ruling and order the FCC issued in July 2015 providing limited exemptions under the TCPA for financial institutions making free autodialed calls to consumers. The court invalidated the FCC's definition of "autodialer" and rejected the commission's interpretation of when a caller violates the TCPA by calling a reassigned number.