The U.S. Supreme Court ruled in favor of CUNA’s position in Facebook v. Duguid Thursday, supporting a narrow scope for the Telephone Consumer Protection Act’s definition of an automated telephone dialing system.

Credit unions  suffer unequal treatment for having made important and welcome calls to members under the TCPA, CUNA said in an amicus brief filed with the U.S. Sixth Circuit Court of Appeals. CUNA calls on the court to affirm a previous district court's dismissal of the TCPA lawsuit.

CUNA and other trade organizations followed up a meeting with the Federal Communications Commission last week with a letter sent Tuesday asking for error correction in the agency’s December 2020 Telephone Consumer Protection Act Report and Order.

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.