The unique credit union-member relationship requires unfettered informational communications, CUNA said in comments filed this week with the Federal Communications Commission (FCC) on the latest round of Telephone Consumer Protection Act (TCPA) regulations. This rulemaking is designed to implement a TRACED Act provision requiring review of TCPA’s “prior consent” exemptions. 

“This unique relationship between credit unions and their members requires a wide array of informational communications ranging from governance and financial education to critical fraud alerts and account status calls and texts,” CUNA’s comments read. “Imposing new regulatory obligations on these informational calls as proposed by the Commission will further hinder credit unions’ ability to communicate important information to their members.”

Specifically, CUNA notes that the adoption of an “opt-out” regime and record keeping obligations would treat these communications like telemarketing calls, hindering credit unions’ ability to provide vital information to their members.

CUNA also argues that the FCC should not adopt limitations on the number of calls that can be made pursuant to the exemptions for these informational or non-solicitation calls and asks for an expansion of the existing exemptions for informational calls and texts to wireless phones.

CUNA filed a petition with the FCC in September 2017 outlining similar relief, and wrote to the FCC in February that judicial interpretations surrounding the TCPA have become increasingly more contradictory with no action from the FCC.