TCPA: SCOTUS rules in favor of CUNA’s position on ATDS definition

Error clarification still needed for December TCPA order

April 28, 2021

CUNA continued its push for the Federal Communications Commission to issue an Erratum correcting its December 2020 Telephone Consumer Protection Act (TCPA) Report and Order in a joint comment filed Tuesday in response to two petitions filed with the FCC.

The FCC exempted certain informational calls from the TCPA’s prior express consent in earlier orders. The December 2020 order limits the number of calls that may be placed under the Informational Calls Exemption to three calls within any consecutive 30-day period.

“The FCC appears inadvertently to have imposed a prior express written consent requirement on informational prerecorded or artificial voice calls to a residential number made outside of the existing exemption for such calls,” the letter reads. “Based on the text of the Order, the Commission plainly clearly intended to impose a prior express consent (oral or written) requirement on calls made outside of the exemption. The Commission should issue an Erratum to correct this error without further delay.”

The organizations add that, “without correction of the error, consumers may be deprived of important, and often time-sensitive, informational calls from the companies with whom they do business.”

The Erratum should remove the word “written” from the relevant section and add a new paragraph that applies the prior express written consent requirement to telemarking prerecorded or artificial voice calls to residential lines.

The organizations also ask the FCC to reconsider several aspects of the order which were raised in a petition from ACA International.

The Petition raises serious concerns regarding the 2020 Order’s new requirements for exempt calls,” the letter reads. “While we agree the Petition raises important issues, we urge the Commission not to delay resolution of the Associations’ request for an Erratum in order to address the other relief sought in the ACA Petition and the ECAC Petition simultaneously.”

CUNA and other organizations previously wrote to the FCC on this issue in February.