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NAFCU and several financial trade organizations last week held meetings with the Federal Communications Commission (FCC) to discuss erroneous call blocking under the TRACED Act, which is intended to target illegal robocalls, and the commission's notice of proposed rulemaking (NPRM) seeking comment on various exemptions that have been issued under the Telephone Consumer Protection Act (TCPA). The group filed two ex parte letters on these topics to the FCC following the meetings.

NAFCU Senior Regulatory Counsel Elizabeth LaBerge was in attendance during all four meetings, which included: meetings with Zenji Nakazawa, Public Safety and Consumer Protection Advisory to Chairman Ajit Pai, and Joseph Calascione, Legal Advisor to Commissioner Brendan Carr on Nov. 30 and a meeting with Diane Holland, Legal Advisory for Media and Consumer Protection for Commissioner Geoffrey Stark, and Arielle Roth, Wireline Legal Advisor to Commissioner Michael O’Reilly, on Dec. 2.

In November, NAFCU wrote to the FCC in response to the NPRM to share the association’s support of the agency’s efforts to establish and implement exemptions to the TCPA’s consent requirement for important information that consumers need regarding their credit union accounts.

During the meetings, the group reiterated its call that the FCC require voice service providers to notify callers immediately when a call is blocked or has been adversely labeled under the TRACED Act and remove any erroneous blocks no later than 24 hours after the provider learns of the block. Additionally, the group discussed the non-marketing, financial institution, and healthcare exemptions under the TCPA.

NAFCU has actively worked with the FCC on efforts to modernize the TCPA for many years and has continuously called for the agency to protect legitimate callers and ensure consumers receive important information following the FCC’s recent order and fourth further notice of proposed rulemaking (FNPR) on methods to target and eliminate unlawful robocalls.

NAFCU – both independently and in coordination with other financial trade associations – has urged the FCC to initiate a rulemaking to implement other provisions of the TRACED Act that require the FCC to address erroneous blocking or mislabeling of legitimate calls. The association has also sought additional transparency and consistency in call labeling and blocking.

Relatedly, Chairman Ajit Pai last week announced that he will step down from his position on Jan. 20; Pai was appointed by President Donald Trump in 2017.

NAFCU will continue to work with the FCC and advocate to ensure credit unions can contact their members regarding important, time-sensitive information, without fear of frivolous litigation.