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CUNA Meets with FCC and Presses TCPA Concerns
Thursday, March 23, 2017 6:50 AM

The Credit Union National Association outlined some of the onerous requirements of the July 2015 Telephone Consumer Protection Act (TCPA) order in a meeting this week with the staff of Federal Communications Commission Chairman Ajit Pai.

The TCPA order has made it difficult for credit unions to be in communication with members, and it has exposed credit unions to potential frivolous class-action litigation.

In the meeting, CUNA staff explained how these requirements are making it difficult for credit unions of all sizes to communicate with members on their cellphones and via text messages, highlighting problems surrounding:

  • The overly broad definition of what is considered an autodialer;
  • Unclear guidance about how a consumer can revoke consent;
  • Unclear guidance about calling reassigned numbers; and
  • Problems with requiring free-to-end user calls

CUNA also highlighted the different structure of credit unions, including member-ownership, and how class-action litigation results in members essentially suing themselves. Staff also discussed how consumers are harmed by the guidance, which has led to members not receiving information they want and need, as well as how other regulators have encouraged credit unions to be in more frequent communication with consumers.

“Credit unions that have questions on TCPA compliance can call Information Central," says Suzanne Yashewski, SVP Regulatory compliance counsel for Cornerstone. “For now, we are trying to help credit unions limit potential liability as we work toward changes that likely need to happen at the congressional level since the FCC claims it is constrained by statutory language, which is woefully out of date with today’s technology.”