The House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection will hold a hearing entitled, “Do Not Call: Combating Robocalls and Caller ID Spoofing.” CUNA joined a number of trades in sending a letter to Chairman Latta and Ranking Member Schakowsky of the Subcommittee.

CUNA and the trades are seeking clarity from the Federal Communications Commission (FCC) on the definition of an Automatic Telephone Dialing System (ATDS) and looking for new telephone consumer protection guidelines for the industry.

“It is critical the FCC seize this opportunity to clarify the definition of an Automatic Telephone Dialing System (ATDS) so that it is consistent with the statute and take other action to ensure that consumers whose mobile phone numbers have been reassigned continue to receive important communications,” the letter reads. “Doing so will permit businesses to provide beneficial communications to their members and customers without the threat of costly litigation driven by serial plaintiffs and attorneys who have taken advantage of the ATDS definition recently vacated by the D.C. Circuit.”

The signers also noted that it is important to distinguish between robocalls and legitimate businesses seeking to communicate with their customers.

“Many businesses call or text their customers in an effort to communicate time-sensitive, critical information, such as low balance notifications, due date reminders, and fee avoidance alerts.  Unfortunately, the Telephone Consumer Protection Act (TCPA), while established to help curb the frequency of fraudulent and illegal robocalls, has had the unintended consequence of stifling our ability to better serve and communicate with our customers.

CUNA urges both the House and Senate to encourage the FCC to take prompt action and to continue its efforts to explore the use of a reassigned numbers database that provides a safe harbor for businesses looking to comply with the law.

Read the full Washington Wire here.