TCPA Clarity Needed for CUs to Communicate with Members

Regulations governing how businesses can interact with consumers are not keeping up with technology, leaving both consumers and businesses at risk, CUNA Chief Advocacy Officer Ryan Donovan wrote to all 535 Congressional offices Thursday. Credit unions are among the businesses that risk legal action when contacting members due to the Telephone Consumer Protection Act (TCPA).

The TCPA was enacted in 1991 to protect American households from sales calls. Specifically, CUNA is concerned that a 2015 Omnibus Declaratory Ruling on TCPA creates uncertainty about how credit unions can communicate with members while remaining in compliance with the act.

CUNA has also called for clarity surrounding the definition of an “autodialer,” as systems credit unions may use to initiate calls could fall under that definition.

The message to Congress emphasizes the “massive risk” that faces credit unions due to the Federal Communications Commission’s reliance on the TCPA, and how the current TCPA regulations “do not provide credit unions with any clarity on how to proceed.”

Donovan urges Congress to play its role in the process and encourage the FCC to act on the TCPA and clarify that information communications from credit unions are not subject to TCPA restrictions.