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CBA Files TCPA Petition
On Friday, February 9, 2017, CBA and the American Bankers Association filed a joint TCPA petition support letter. In the 2015 Bipartisan Budget Act, Congress included a provision directing the Federal Communications Commission (FCC) to exempt autodialed and prerecorded calls “made solely to collect a debt owed to or guaranteed by the United States” from the TCPA’s prior express consent requirement. Subsequently, the FCC proposed a rule, and CBA submitted comments in June of 2016 arguing the limitations in the proposed rule were overly burdensome. The FCC finalized the order mostly as it was proposed, which contravened Congressional intent by imposing time and place and other restrictions not in the statute.
In December of 2016, Navient and other student loan servicers filed a Petition for Reconsideration with the FCC and subsequently asked for our support. In its letter, CBA asked the FCC to reconsider the order due to its arbitrary and capricious nature, and contravened Congressional intent. Further, CBA underscore such calls help borrowers secure repayment plans and avoid default. The letter also noted many other federal agencies mandate calls now in violation of the restrictive order.