Newsroom

May 19, 2016

Comments on FCC's TCPA rule due June 6

The Federal Communications Commission will take comments until June 6 on a proposed rule under the Telephone Consumer Protection Act affecting autodialed calls to consumers about debt owed to or guaranteed by the U.S. The proposal is in today's Federal Register.

The FCC initially released details on its proposal in March. The rule would exempt autodialed calls made for the purpose of collecting delinquent federal debt from certain TCPA restrictions. The FCC is seeking comment on a wide range of issues, including just what types of calls, and from whom, are covered and more.

The TCPA was amended under H.R. 1314, the "Bipartisan Budget Act," when the bill became law in November. Under the revisions, a call to collect debt that is guaranteed by the federal government no longer requires prior express consent by consumers. As part of this provision, the commission has only until Aug. 1 to complete and adopt new rules.

FCC's definition of "autodialer" is currently in dispute.

Last year, FCC issued an order on the TCPA that NAFCU and others believe defines "autodialer" too broadly. NAFCU is challenging the FCC's interpretation in court because the definition is onerous and could lead credit unions to stop important communications with members about their accounts over fear they may violate FCC's rule. The case now awaits a court date for oral arguments.

Earlier this week, NAFCU and five other financial trade associations reiterated concerns about the TCPA ruling in a letter to leaders of the Senate, Commerce, Science and Transportation Committee in advance of a NAFCU-sought hearing on TCPA rules.