The Federal Communications Commission (FCC) has issued a proposal seeking further comment on the definition of an autodialer under the Telephone Consumer Protection Act (TCPA). CUNA has called on the FCC to clarify the definition of autodialer in a May petition to the FCC.

The FCC revised the TCPA in 2015, creating several concerns for credit unions seeking to contact members with important information while remaining in compliance with the TCPA.

The public notice issued Wednesday comes after a 9th Circuit Court decision. Specifically, the FCC seeks comment on what constitutes an “automated telephone dialing system” (ATDS).

The TCPA currently defines an ATDS as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.”

Comments are due to the FCC by Oct. 17, with reply comments due Oct. 24.

Regarding the TCPA, CUNA has also called on the FCC to:

  • Revise its reassigned number framework by defining the called party as the intended recipient;
  • identify several revocation options that, if used by the consumer, would be sufficient to revoke prior consent. Conversely, failure to use those options would not be effective to revoke consent; and
  • Grant the CUNA petition and eliminate antiquated distinctions between landline and cell phone informational calls.