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NAFCU's Ann Kossachev yesterday sent a letter to the Federal Communications Commission (FCC) urging it to provide clear guidance on the Telephone Consumer Protection Act's (TCPA) vague language. NAFCU has repeatedly told the FCC that financial institutions have ceased important communications with members about their accounts over fear of inadvertently violating the rule.

Kossachev, NAFCU's regulatory affairs counsel, sent the letter to FCC Chairman Ajit Pai to follow up on the U.S. Court of Appeals for the D.C. Circuit's decision in a lawsuit stemming from a declaratory ruling and order the FCC issued in July 2015 that provides limited exemptions under the TCPA for financial institutions making free autodialed calls to consumers. The court 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 the letter, Kossachev thanked Pai for his efforts to address issues with the 2015 order, but noted the court decision left some questions unanswered:

• Kossachev called on the FCC to "move forward with further clarifications and interpretations regarding the issues the court invalidated…so that industries and consumers alike have clear guidelines moving forward."
• Kossachev also requested the commission reverse its approach to the revocation of consent provision, which the court upheld, to ensure "credit unions are no longer exposed to limitless liability."

NAFCU's letter came as the FCC met Thursday morning and discussed a second further notice of proposed rulemaking related to calls made to reassigned numbers; NAFCU has voiced its support for the creation of a reassigned numbers database overseen by the FCC. While the commission approved of the notice, members acknowledged that it would have to be reevaluated after last week's court decision as it relates to the standard of liability for calls made to reassigned numbers.

NAFCU will continue to engage with the FCC on this issue and is monitoring a joint policy forum today hosted by the FCC and the Federal Trade Commission (FTC) that will highlight the actions the agencies and others are taking to fight illegal robocalls.