The wait is over! D.C. Circuit vacates parts of the FCC’s 2015 order

Hello again compliance friends! As I’m sure many of you have already heard, last Friday, was a big day in the Telephone Consumer Protection Act (TCPA) world because the U.S. Court of Appeals for the D.C. Circuit FINALLY issued its decision in ACA International v. Federal Communications Commission(FCC). The D.C. Circuit set aside and vacated parts of the FCC’s 2015 Omnibus Declaratory Ruling and Order but did uphold one portion of the FCC’s interpretation of the TCPA with respect to revocation of consent.

Even though the majority of this opinion restores the status quo before the 2015 Order (and to the original TCPA definition for “autodialer”) and provides some relief for credit unions, the FCC must now decide how it intends to proceed with interpreting these critical aspects of the TCPA.

Clear guidelines and standards as to what is and is not permissible under the TCPA are essential for credit unions to be able to contact their members without fear of liability. Although NAFCU remains optimistic that under Chairman Pai, the FCC’s interpretations will move in a more positive direction for the financial services industry, our communications with the FCC will not quit. For now though, you can rest easier knowing the 2015 Order has lost most of its bite.

continue reading »