ABA Files Brief Challenging FCC Interpretations

ABA filed a friend of the court brief yesterday in an appeal of the Federal Communications Commission’s recent order regarding the Telephone Consumer Protection Act. In that order, the FCC granted all four exemptions from the TCPA that ABA had requested for data breach and fraud-related calls. However, the FCC also interpreted certain provisions in the TCPA in ways that will make it more difficult for banks and other commercial institutions to send other valuable communications to their customers.

ABA’s brief, which the Independent Community Bankers of America and the Credit Union National Association joined, supports the petitions filed by nine industry members that seek review of the FCC’s order by the D.C. Circuit Court of Appeals. In the brief, ABA describes the types of messages financial institutions send to their customers and how the FCC’s order will prevent many of these communications from occurring. For more information, contact ABA’s Jonathan Thessin.