In a comment letter submitted to the Federal Communications Commission on Wednesday, the American Bankers Association continued its push for new rules to ensure that customers can receive important communications from their banks. The letter was submitted as the FCC considers the impact of a recent federal appellate court decision from California in Marks v. Crunch San Diego, LLC, which expansively interpreted a key term in the Telephone Consumer Protection Act — the definition of an “automatic telephone dialing system,” commonly known as an “autodialer.”
The Marks decision – which would impose restrictions on automated dialing equipment used by banks and other businesses – is at odds with a March decision by the federal appellate court in Washington, D.C., which interpreted the definition of an autodialer more narrowly.
ABA urged the FCC not to follow the Marks decision, noting that the decision is inconsistent with the D.C. Circuit Court’s decision, as well as with the TCPA’s text and legislative history. ABA also renewed its call that the FCC grant the petition submitted by ABA, the U.S. Chamber of Commerce and 16 other groups that asked the FCC to interpret the autodialer definition consistent with the TCPA’s text and legislative history.