CUNA will comment on a petition seeking clarifications on the Telephone Consumer Protection Act (TCPA) exemption for calls collecting debt owed to or guaranteed by the federal government, and will also address additional credit union concerns. The petition was filed by several organizations in December, requesting additional clarifications on the exemption.
The Federal Communications Commission (FCC) issued a TCPA omnibus declaratory ruling and order in July 2015 that CUNA believes goes far beyond the scope and purpose of the TCPA, and could affect the way credit unions communicate important information to members.
The Budget Act of 2015 amended the TCPA to create exemptions for calls made to cell phones when collecting debt owed to the federal government. CUNA believes the FCC has made some similar errors in its interpretation of the Budget Act as it did in the July 2015 TCPA Order, and will bring those concerns to the FCC.
The petition brought against the FCC seeks clarification on whether the FCC should allow:
It also seeks an acknowledgement that the 2015 Budget Act only allows the FCC to limit only the “number and duration” of exempt calls.
CUNA has 3 specific concerns it previously asked the FCC to address:
Comments on the petition are due Feb. 1.
CUNA joined with several other organizations last year to file an amicus brief in a TCPA lawsuit. CUNA called the TCPA ruling “arbitrary and capricious,” and said the July 2015 ruling should be vacated.