ICBA Seeks Limited Interpretation of Autodial Law

Jun 13, 2018
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ICBA called on the Federal Communications Commission to limit its interpretation of the Telephone Consumer Protection Act to the plain language of the law.

In a comment letter following a court ruling that the agency’s ICBA-opposed autodial ruling is arbitrary and capricious, ICBA advocated limiting the definition of “automatic telephone dialing system” to devices created to generate random or sequential numbers.

The March court decision found that the FCC ruling is unreasonably expansive. ICBA argued in a December 2015 joint amicus brief that the ruling was so broad it sweeps in technologies used by financial institutions to protect customers. In its comment letter, ICBA said a safe harbor could be an effective way to shield good actors from baseless lawsuits.

In a separate comment letter last week, ICBA expressed support for an FCC plan to establish a database that would provide callers with information on potential phone number reassignments. Banks would be able to check whether customers have changed their phone numbers, which would provide presumptive evidence of compliance with the FCC’s 2015 robocall order.

For more information, contact ICBA’s Michael Emancipator at Michael.Emancipator@icba.org.

Read ICBA Comment Letter
Read Last Week’s Letter