CUNA met with Federal Communications Commission (FCC) staff throughout this week to discuss the need for clarity surrounding the definition of an autodialer, and for modernization of the Telephone Consumer Protection Act (TCPA). During the meeting CUNA emphasized that the confusion surrounding the law and threat of litigation has discouraged credit unions from contacting members with important account information.

CUNA is concerned that a 2015 Omnibus Declaratory Ruling on TCPA creates uncertainty about how credit unions can communicate with members while remaining in compliance with the act. CUNA has also called for clarity surrounding the definition of an “autodialer,” as systems credit unions may use to initiate calls could fall under that definition.

This confusion comes as financial regulators, including the Consumer Financial Protection Bureau, are urging financial institutions to use technology to ensure consumers are aware of important account information.

The D.C. Court of Appeals overturned the FCC’s definition of an autodialer in March 2018, and the FCC issued a public notice requesting comment in May 2018, and a proposal seeking further comment in October 2018, to which CUNA responded.