Newsroom

October 18, 2016

NAFCU at D.C. oral arguments on TCPA suit

NAFCU will attend today's oral arguments at the U.S. Court of Appeals for the D.C. Circuit in the suit challenging the Federal Communications Commission's order on Telephone Consumer Protection Act prohibitions on autodialed calls to account holders. The association is a part of the lawsuit.

NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt, Senior Regulatory Affairs Counsel Michael Emancipator and Senior Regulatory Compliance Counsel Elizabeth LaBerge will attend.

NAFCU filed its motion to intervene in the suit September 2015 and joined the petition filed by the U.S. Chamber of Commerce seeking a review of the FCC order. The FCC order allows a narrow exemption for certain autodialed calls to address potential account fraud or identity theft. However, NAFCU is asserting the order is too broad in its definition of what qualifies as an autodialer.

The association is concerned that the order could lead credit unions to cease important communications with members about their accounts over fear of inadvertently violating the rule. It is participating in this litigation against the FCC to help protect credit unions' right to communicate with their members and preserve the institutions' unfettered ability to alert members when necessary to protect their accounts and information.

NAFCU has long urged the FCC to reconsider its order relative to credit unions. The same concerns were also raised in the report language accompanying the fiscal 2017 financial services and general government appropriations bill in the House.

Concluding today's oral arguments, the court could issue a decision at any time in the coming months.