CUNA files brief bringing TCPA concerns to U.S. Supreme Court

The Telephone Consumer Protection Act (TPCA) as currently implemented harms credit unions member by hindering the flow of important information and forces them to bear the costs of TCPA lawsuits, CUNA wrote in an amicus brief filed with the U.S. Supreme Court Wednesday. CUNA filed its brief in Duguid v. Facebook, saying it believes the Ninth Circuit Court’s previous decision is “fundamentally flawed.”

“Navigating this complex and opaque legal and regulatory quagmire is particularly problematic for the thousands of small credit unions that serve rural or economically disadvantaged communities underserved by traditional banking institutions…To avoid potentially crippling TCPA litigation, credit unions have abandoned efficient calling technologies,” the brief reads. “Notifications of critical importance to members—such as notices of past due payments or fraud alerts—are delayed or not made at all.”

CUNA has previously advocated to Congress (including emails to all 535 Congressional offices) and the Federal Communications Commission for clarity regarding the TCPA. This lack of clarity has left credit unions unclear as to whether they would face legal action while trying to communicate account information to members.

 

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