ARLINGTON, Va.—NAFCU is asking the FCC to reconsider aspects of its proposal to implement changes to the Telephone Consumer Protection Act (TCPA), as required by the Bipartisan Budget Act of 2015.
“NAFCU urges the FCC to reconsider its proposed interpretation of reassigned wireless numbers and only impose liability after a caller has actual knowledge that the number has been reassigned to a new person,” said NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt in a letter to the FCC.
“NAFCU believes that the FCC’s narrow one-call limitation on reassigned numbers will severely limit the scope of this proposal,” wrote Hunt. “The FCC proposal does not provide enough flexibility to credit unions with regards to these situations.”
Hunt also stated that the FCC’s proposal “adopts the agency’s existing definition of an ‘autodialer’ to define covered calls as defined in its Order. The Order defines auto-dialers broadly to include any equipment even if it ‘lacks the present ability to dial randomly or sequentially’ but can be modified to provide those capabilities. This interpretation is very troublesome not only because it is contrary to the statute’s terms, but also since it leaves unclear what type of technology is actually covered.”