A federal judge’s recent action to vacate portions of the Federal Communications Commission’s 2015 order on the Telephone Consumer Protection Act has provided a new opportunity for the FCC to clarify certain definitions and take steps to ensure that consumers can continue to receive important communications from banks and other businesses, ABA and seven other financial trade groups said in a joint letter to Senate leaders.
In a win for ABA and other industry stakeholders, a federal appellate court today set aside some of the Federal Communications Commission’s constraints on when and how businesses can contact customers by phone.
The Federal Communications Commission announced yesterday that it would vote at its March 22 meeting on a proposal to establish a database of phone numbers that have been relinquished by one individual and reassigned to another individual.
In a comment letter today, ABA urged the Federal Communications Commission to create a “challenge mechanism” that banks and other businesses can use in the event their legitimate business phone calls to customers are erroneously blocked by a voice service provider. The mechanism would allow banks to report the blocking and regain prompt access to the number.
Courts appear willing to restrict a consumer’s ability to revoke consent to contact—have not issued adequate rulings to create meaningful precedent.
Deposit-taking, garnishment, TCPA and more
In a joint comment letter with the Financial Services Roundtable and the Consumer Bankers Association yesterday, ABA supported a petition from ContextMedia, Inc. (doing business as Outcome Health) calling on the Federal Communications Commission to clarify that a caller is not subject to liability under the Telephone Consumer Protection Act when an undetected technical error prevents a consumer’s opt-out request from being processed.
In a comment letter to the Federal Communications Commission today, the American Bankers Association supported a petition from the Federal Housing Finance Agency to clarify that phone calls made by mortgage servicers to borrowers during a disaster or other emergency fall under the “emergency purposes” exemption of the Telephone Consumer Protection Act.
In a comment letter to the Federal Communications Commission yesterday, ABA expressed support for the creation of a centrally administered database of phone numbers that have been relinquished by one individual and reassigned to another individual.
ABA and a coalition of business trade associations yesterday urged the House Judiciary Committee to rein in the incentives created for disruptive private litigation under the Telephone Consumer Protection Act.