The U.S. Supreme Court heard oral arguments Tuesday in Facebook v. Duguid, a case involving automated telephone dialing systems. CUNA filed an amicus brief in the lawsuit in September supporting a narrow scope for the TCPA definition of an ATDS.

CUNA filed a brief with the U.S. Supreme Court Friday in Facebook Inc. v. Duguid supporting a narrow scope for the TCPA's definition of an automatic telephone dialing system. The brief raises concerns about the TCPA’s effect on credit unions who may rely on technology systems to contact members.

Several circuit courts of appeal in recent months have issued rulings that are at odds with credit union-supported positions in TCPA cases and regulatory proceedings involving the use of automated telephone dialing systems.

CUNA continued its engagment with the FCC by sending a joint letter supporting FCC’s goals of eliminating illegal automated calls but working to ensure consumers receive important, time-sensitive calls from financial institutions, healthcare providers and other legitimate entities.

The FCC should promptly initiate a rulemaking addressing TRACED Act provisions regarding blocking, safe harbors and a redress mechanism for erroneously blocked legitimate callers, CUNA and other financial trades wrote in filed comments in response to a FCC proposal.

NCUA Chairman Rodney Hood wrote FCC Chairman Ajit Pai this week in support of CUNA’s petition to offer clarity for the treatment of COVID-19 related calls under the TCPA. CUNA has called on the FCC to issue some form of guidance or provide clarity on this issue.

CUNA and other organizations filed reply comments to their petition to the FCC calling for TCPA relief for calls made from financial institutions to consumers related to the pandemic. CUNA and the organizations filed the original petition March 30.

The FCC should immediately grant the petition CUNA and others submitted last month calling for some form of ruling that calls and texts from financial institutions to consumers related to the COVID-19 pandemic fall under the TCPA Emergency Purposes Exception.

CUNA and other organizations Monday requested the Federal Communications Commission issue some form of ruling, clarification or waiver that calls from financial institutions to consumers related to COVID-19 should fall under the TCPA's Emergency Purposes Exception.