Newsroom
Following NAFCU meeting, FCC seeks comments on 'autodialer' definition
Following a meeting Monday with NAFCU President and CEO Dan Berger and Federal Communications Commission (FCC) Chairman Ajit Pai to discuss the FCC's current approach to rulemaking regarding the Telephone Consumer Protection Act (TCPA) and credit union concerns, the commission yesterday issued a request for comments on various TCPA issues, including the definition of an Automatic Telephone Dialing System (ATDS).
The FCC cited the March decision from the U.S. Court of Appeals for the D.C. Circuit, which invalidated the FCC's definition of "autodialer" and rejected the commission's interpretation of when a caller violates the TCPA by calling a reassigned number, in its request. The five aspects the FCC would like comments on include:
- what constitutes an ATDS;
- how to treat calls to reassigned wireless numbers under the TCPA;
- how a called party may revoke prior express consent to receive robocalls;
- two pending petitions for reconsideration of the FCC's Broadnet declaratory ruling related to its interpretation of a "person"; and
- a pending petition for reconsideration of the 2016 federal debt collection rules.
Initial comments are due to the commission June 13.
NAFCU has urged the FCC for more clarity and flexibility so credit unions can contact their members without fear of breaking the law. In light of the recent ruling, NAFCU has encouraged the FCC to clarify the definition of an ATDS for the sake of consistency and take other action to "ensure that consumers whose mobile phone numbers have been reassigned continue to receive important communications." Earlier this month, NAFCU, along with more than a dozen other trade associations, petitioned the FCC to do just this.
Related to revoking prior consent under the TCPA, an Ohio federal district court recently ruled that a consumer who consents to receiving phone calls as part of a cardholder agreement cannot unilaterally revoke that consent. Another decision last year determined that TCPA consent is not revocable when the parties engage in a bargained-for-exchange and execute a contract. The court's decision in the ACA International v. FCC suit alluded to the possibility of contracting for revocation rights, but did not decide the issue.
NAFCU is also seeking credit unions' feedback on the FCC's second further notice of proposed rulemaking related to calls made to reassigned numbers and liability under the TCPA. The FCC is in the information-gathering stage of the rulemaking process and is expected to issue a rule on reassigned numbers later this year. Credit unions can learn more and provide comments to NAFCU on this rulemaking through the association's Regulatory Alert.
Share This
Related Resources
Add to Calendar 2024-04-25 14:00:00 2024-04-25 14:00:00 ChatGPT: What AI can do for you! ChatGPT has been created with one main objective – to predict the next word in a sentence, based on what's typically happened in the gigabytes of text data that it's been trained on. Did you ever hear of the saying, “People fear the unknown?” Artificial intelligence scares people, but it is the future, and you need to understand the tools and resources it offers. It’s also about saving time, that’s what technology and in this case, artificial intelligence can do for you. If you want to save time and have a better quality of life, this training is for you. Once you give ChatGPT a question or prompt, it passes through the AI model and the chatbot produces a response based on the information you've given and how that fits into its vast amount of training data. It's during this training that ChatGPT has learned what word, or sequence of words, typically follows the last one in a given context. During this webinar, ChatGPT: What AI can do for you, you’ll discover the background, purpose, usability, and the pros and cons. Don't miss this opportunity! Key Takeaways Learn the background of AI Understand the purpose of AI Identify the pros and cons Register Now $295 Members | $395 Nonmembers(Additional $50 for USB)One registration gives your entire team access to the live webinar and on-demand recording until April 25, 2025Go to the Online Training Center to access the webinar after purchase » Who Should Attend NCRMs Risk titles Education Credits NCRMs will recieve 1.0 CEUs for participating in this webinar Web NAFCU digital@nafcu.org America/New_York public
ChatGPT: What AI can do for you!
Credits: NCRM
Webinar
Add to Calendar 2024-04-25 14:00:00 2024-04-25 14:00:00 Unifying Two Different Executive Benefits Programs About the Webinar In part one we discussed how to retain key positions during a time of transition. In part two, we will look at how to combine executive benefits programs from two different organizations into a single high-performing program. Evaluating each program includes many different facets, from strategy and expense to performance and servicing. This session will provide important considerations, whether or not you have pending M&A activity. Key Takeaways: Is the plan design both retentive and efficient? Is the benefit expense properly mitigated? Does the legal agreement reflect the board’s intent? View On-Demand Web NAFCU digital@nafcu.org America/New_York public
Unifying Two Different Executive Benefits Programs
preferred partner
Gallagher
Webinar
Add to Calendar 2024-04-24 14:00:00 2024-04-24 14:00:00 Optimize Liquidity, Maximize Loan Growth: The Network Lending Advantage About The Webinar Join us to learn more about network lending, a cooperative model allowing credit unions to optimize liquidity and achieve loan growth. Discover how credit unions can participate in loan pools with other institutions, allowing them to diversify portfolios, access loans with potentially lower risk and higher yields, and expand lending capacity without necessarily needing a surge in deposits. Delve into how credit unions can pool their resources, set common underwriting and pricing standards, and collectively originate, buy, and sell loans to optimize liquidity management. Hear from your peers about best practices, case studies, and practical strategies to harness the full potential of network lending and how it's helped their credit unions. Don't miss this valuable opportunity to learn how to strengthen your credit union's position in today’s competitive environment. Key Takeaways: How network lending differs from traditional lending The benefits of participating in loan pools with other credit unions How credit unions can set common underwriting and pricing standards and collectively originate, buy and sell loans to optimize liquidity management Why network lending is critical to loan growth Watch On-Demand Web NAFCU digital@nafcu.org America/New_York public
Optimize Liquidity, Maximize Loan Growth: The Network Lending Advantage
preferred partner
LendKey
Webinar
Add to Calendar 2024-04-23 14:00:00 2024-04-23 14:00:00 Monitoring the Latest Litigation Risks Credit unions’ operations pose litigation risks, with more of these cases being filed as class action lawsuits. In this Monitoring the Latest Litigation Risks for Credit Unions webinar, you’ll review some of the specific kinds of lawsuits impacting credit unions and what potential claims could be on the horizon. You’ll also examine some options for mitigating risks. Key Takeaways Review the current lawsuit trends. Understand the potential claims risks Explore options for mitigating risks. Register Now $295 Members | $395 Nonmembers(Additional $50 for USB)One registration gives your entire team access to the live webinar and on-demand recording until April 23, 2025Go to the Online Training Center to access the webinar after purchase » Who Should Attend NCCOs NCRMs Compliance and risk titles Education Credits NCRMs will recieve 1.0 CEUs for participating in this webinar NCCOs will recieve 1.0 CEUs for participating in this webinar Web NAFCU digital@nafcu.org America/New_York public
Monitoring the Latest Litigation Risks
Credits: NCCO, NCRM
Webinar
Get daily updates.
Subscribe to NAFCU today.