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Ahead of Wednesday's oversight hearing of the Federal Communications Commission (FCC) with the Senate Commerce Committee, NAFCU's Brad Thaler flagged a number of Telephone Consumer Protection Act (TCPA) issues NAFCU is engaged on, including the definition of "autodialer" and efforts to combat illegal robocalls.

FCC Chairman Ajit Pai and other FCC commissioners testified at the hearing. NAFCU has previously met with Pai and staff from commissioners' offices to discuss robocall and TCPA issues.

"NAFCU strongly supports both the FCC and Congress's efforts to eliminate illegal robocalls and encourages continued work to combat fraudulent communications," wrote Thaler, NAFCU's vice president of legislative affairs. He also asked Congress to ensure the FCC meet its obligations under the Administrative Procedure Act.

Most recently, the FCC approved declaratory ruling that permits voice service providers to automatically block suspected robocalls unless a consumer opts out. Before final passage – as a result of advocacy efforts by NAFCU, credit unions and others in the industry – the commission provided some relief for legitimate callers.

"NAFCU is worried that even though the final Declaratory Ruling was modified to include a provision explicitly permitting callers to challenge erroneously blocked calls with the provider and the FCC, credit unions may not be able to reach consumers with time-sensitive and important communications," Thaler said.

Thaler pointed to the FCC's 2015 declaratory ruling and order related to the definition of an autodialer, which increased the risk of costly lawsuits because of the expansive definition. While a court decision ultimately invalidated this order's definition, other courts have taken different approaches in determining an autodialer and the FCC has yet to finalize a revised definition.

"NAFCU ultimately supports a broad definition of 'autodialer' … NAFCU also supports other reforms to help credit unions contact their members with important information about their existing accounts, such as permitting callers to establish a reasonable opt-out method for revoking their consent to be contacted," Thaler wrote. He encouraged the Senate Commerce Committee to "consider modernizing and clarifying the TCPA."

NAFCU has actively worked with the FCC on efforts to modernize the TCPA for more than three years. The association previously shared its concerns related to the definition of an autodialer and the need for clarity under the TCPA to ensure credit unions can contact their members without fear of breaking the law.

The association has also met with the CFPB and Treasury Department to discuss TCPA reforms and how credit unions will be impacted.