FCC proposal reflects relentless advocacy to update TCPA consent rules

Credit unions are one step closer to significant changes in the Telephone Consumer Protection Act (TCPA) “revocation of consent” rules, following America’s Credit Unions’ relentless advocacy efforts that included multiple meetings with FCC leaders and staff in every office since the TCPA was updated in early 2024. The Federal Communications Commission has proposed updates that mirror America’s Credit Unions recommendations, as the only credit union trade association engaged on this issue with the FCC and on Capitol Hill.

If finalized, these changes would simplify TCPA compliance, reduce litigation risk, and lower operating costs by outlining clear, auditable opt-out and consent processes for credit unions and consumers. 

“These much-needed updates to the TCPA strike the right balance between protecting consumers and ensuring credit unions can contact members with timely account information when needed,” said America’s Credit Unions President/CEO Jim Nussle. “Our tireless advocacy, which included meeting with FCC commissioners and staff from the current and previous administrations, helped provide the FCC with vital context on why these updates are needed. America’s Credit Unions will submit comments in strong support of the proposals.”

Specifically, the FCC proposes to:

• Delete the requirement that a caller must treat an opt-out request made in response to one type of call to be an opt-out request for all types of calls, which harms consumers, or to modify it to give consumers greater control over their right to stop unwanted calls;
• Permit callers to designate the exclusive means by which consumers may revoke prior express consent rather than requiring callers to honor all revocation requests made using “reasonable means;” and
• Eliminate the rule limiting financial institutions to calling only the number provided by the consumer when making a fraud alert or similar call pursuant to a TCPA exception to the general consent requirement.

America’s Credit Unions’ advocacy secured a one-year delay of the revocation of consent rules in July, utilizing the delay to further engage with the agency on the need for updates. It also detailed the need for changes in response to an FCC request for information on rules that should be modified. It will next submit comments strongly supporting the proposed rule.