Newsroom

October 30, 2015

NAFCU preparation in FCC suit moves forward

NAFCU on Friday filed its statement of issues for its suit against the Federal Communications Commission regarding autodialed calls to account holders, detailing the issues the association may address in its joint brief with other petitioners.

Last month, a federal appeals court judge ruled that NAFCU could enter a suit challenging the FCC's order on Telephone Consumer Protection Act prohibitions on autodialed calls. The joint brief in which NAFCU will participate will be filed Dec. 2.

The association filed its motion to intervene in September and has now become a party in the petition filed by the U.S. Chamber of Commerce seeking a review of the FCC order. The order responds to 19 petitions from various businesses and organizations that, among other things, sought clarification of FCC rule changes under TCPA that took effect in 2013.

The FCC order allows a narrow exemption for certain autodialed calls to address potential account fraud or identity theft. However, NAFCU is asserting the exemption is ineffective in helping credit unions make timely communication with members because of its onerous requirements. 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.