Newsroom

Credit union viewers of NAFCU's webcast Thursday on the Federal Communications Commission's order on robocalls were told the purpose of the robocalls and the type of consent on record is central to compliance with the Telephone Consumer Protection Act.

Reed and Jolly PLLC partner David Reed, reiterating that text messaging falls under the robocall regulations, said whether the call or message is telemarketing, non-telemarketing (collection calls) or informational (account information, data breach news), it is critical not to mix messages. He said if a credit union is making an informational call and adds a pitch about a new product the credit union is offering, the credit union then assumes the risk of the most restrictive rule under TCPA.

He encouraged credit unions to inventory their processes for making calls, including ensuring the phone numbers of members stored in their systems are accurate and labeled correctly.

For example, he said if a credit union isn't sure whether a member's number in its system is a home phone or cell phone, this could cause trouble with TCPA compliance. Penalties, he said, are $500 per violation, but a court may award damages of up to $1,500 if it finds the "alleged violations were willful or knowing."

Thursday's webcast, "Hang Up that Auto Dialer! Understanding the Risks of the TCPA," is available to purchasers on demand for up to 12 months after the live broadcast.

Last month, NAFCU asked a federal appeals court for leave to join an action challenging the FCC's order on the TCPA prohibitions; read more.