March 16, 2018

Court agrees: FCC definition of 'autodialer' invalid

In a win for the credit union industry, the U.S. Court of Appeals for the D.C. Circuit on Friday found the Federal Communications Commission's (FCC) definition of "autodialer" to be arbitrary and capricious. NAFCU has repeatedly told the FCC that its definition has led to financial institutions ceasing important communications with members about their accounts over fear of inadvertently violating the rule.

In another win, the court also rejected the FCC's interpretation of when a caller violates the Telephone Consumer Protection Act (TCPA) by calling a reassigned number.

NAFCU is reviewing the court's decision and will provide a more detailed analysis.

This lawsuit, ACA International v. FCC, stems from a declaratory ruling and order the FCC issued in July 2015 that provides limited robocall exemptions under the TCPA for financial institutions making free autodialed calls to consumers.

NAFCU entered into the suit in September 2015 and oral arguments were heard in the case in October 2016.

NAFCU will update its resource page for credit unions with more information on this case and NAFCU's efforts.