The 2nd Circuit Court of Appeals handed down a decision last week that is good news for credit unions regarding the Telephone Consumer Protection Act (TCPA). The court held that the TCPA does not allow consumers to revoke consent to receive automatic or pre-recorded cell phone calls if consent was previously given as part of a binding contract.
The Federal Communications Commission issued a TCPA order in July 2015, which CUNA believes has made it difficult to be in communication with members, and has exposed credit union to potential frivolous class action litigation.
CUNA has raised questions, particularly in an amici brief, of what is a “reasonable” method to revoke consent. This ruling creates helpful precedent in the case, CUNA believes. CUNA’s brief was filed in a TCPA lawsuit in the U.S. Court of Appeals for the District of Columbia.
CUNA is closely following the outcome of the litigation in the D.C. Court of Appeals, and believes last week’s decision in the 2nd District Court of Appeals is a step in the right direction.
For additional details, see CUNA’s Removing Barriers Blog.