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In what is being viewed as "good news for credit unions," the D.C. Court of Appeals overturned the Federal Communications Commission’s (FCC) definition of an autodialer and vacated the FCC’s reassigned number approach in a lawsuit brought against the Telephone Consumer Protection Act (TCPA). The Credit Union National Association (CUNA) filed an amicus brief in the case, and has expressed numerous concerns about the TCPA’s negative effects on credit union-member communication.
In a statement to your League, CUNA President/CEO Jim Nussle said, "The D.C. Court of Appeals recognized some of the important concerns CUNA has been raising in our legal advocacy efforts participating in this litigation, as well as in our Petition before the FCC. We appreciate that the court has recognized the arbitrary and capricious nature of FCC interpretations of the TCPA that have been so problematic for credit unions by overturning the definition of an autodialer and vacating the FCC’s reassigned number approach."
"We have continuously been seeking clarification on both of these issues and will continue to fight for complete clarity for credit unions who are communicating with their members using modern technology," Nussle added.
The FCC’s July 2015 omnibus ruling on the TCPA has created numerous compliance concerns for credit unions, who are urged by financial regulators to ensure members are notified about important account information - but the TCPA ruling limits business-consumer communications.