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September 11, 2015

NAFCU, trades urge lawmakers to review FCC robocall ruling

NAFCU and other financial trades on Friday raised strong concerns with lawmakers over the Federal Communications Commission's order on robocalls, which NAFCU believes will prevent credit unions from alerting members about identity theft or data breaches in a timely way.

NAFCU joined the Financial Services Roundtable, the Mortgage Bankers Association, CUNA, the Consumer Mortgage Coalition and the Real Estate Services Providers Council in a joint letter to Senate Commerce, Science, and Transportation Committee Chairman John Thune, R-S.D., and Ranking Member Bill Nelson, D-Fla., and House Energy and Commerce Committee Chairman Fred Upton, R-Mich., and Ranking Member Frank Pallone, D-N.J., on the commission's ruling.

"The ability of financial institutions to communicate with consumers about pertinent account information can help prevent identity theft and stolen data, mitigate the harm once such events have occurred, and give consumers the chance to receive other important information about their account," the signers wrote. "It is imperative that Congress take action to illuminate the likely negative consequences that this Order will likely have on both financial institutions and consumers."

The groups said FCC ignored the petition and comments of several industries, exceeded the scope of its statutory authority and failed to provide notice and comment, a process that offers protections under the Administrative Procedures Act and Congressional Review Act.

The Consumer Bankers Association filed suit against the FCC last week, asking the U.S. District Court of Appeals in Washington, D.C., to review the FCC's robocall ruling.

NAFCU has raised concerns about the order's potential for blocking credit unions from alerting members about identity theft or data breaches through timely texts or phone calls. It weighed in early with FCC on the final order, noting FCC's distinctions between mobile and residential phones was outdated and lead to less access to vital financial information for consumers who rely on mobile phones.

NAFCU also maintains that technical questions as to whether or not the member will be charged for such texts or calls by their plan provider, or if they will count against their plan limits, may be impossible for a credit union to resolve.