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NAFCU Vice President of Legislative Affairs Brad Thaler reminded lawmakers of the adverse effects some of the Telephone Consumer Protection Act (TCPA) provisions have on the credit union industry in a letter Tuesday ahead of a House Energy and Commerce subcommittee hearing. The Subcommittee on Communications and Technology today is holding an oversight hearing on the Federal Communications Commission (FCC).

In the letter to subcommittee Chairman Marsha Blackburn, R-Tenn., and Ranking Member Michael Doyle, D-Pa., Thaler urged congressional action to "revise the antiquated and problematic language in the TCPA." Thaler commended the FCC for its efforts to crack down on illegal robocalls, but argued that the commission's efforts to modernize the regulation have only made it vaguer, increasing the potential for frivolous lawsuits and making it more difficult for credit unions to serve their members.

"Credit unions are not the bad actors that Congress intended to target when it passed the TCPA," Thaler wrote. "Credit unions are simply attempting to relay important notifications and updates to their members regarding their existing accounts, including whether they may have been affected by identity theft or a data breach and what can be done to help them stay protected."

In July 2015, the FCC released a declaratory ruling and order that provides limited robocall exemptions under the TCPA for financial institutions making free autodialed calls to consumers. NAFCU has repeatedly told the FCC that the order has led to financial institutions ceasing important communications with members about their accounts over fear of inadvertently violating the rule.

In September 2015, NAFCU entered a suit challenging the FCC's order on TCPA prohibitions on autodialed calls to account holders. Oral arguments were heard in the case last October in the U.S. Court of Appeals for the D.C. Circuit; the court could issue a decision at any time.