CBA & ABA Comment Letter to FCC re TCPA Student Loan Servicers Petition for Reconsidration

Before the

Federal Communications Commission Washington, D.C.

In the Matter of

 

Rules and Regulations Implementing the

Telephone Consumer Protection Act of 1991

 

Petition for Reconsideration of Great Lakes Higher Education Corp.;

Navient Corp.; Nelnet, Inc.; the Pennsylvania Higher Education Assistance Agency;

and the Student Loan Servicing Alliance

 

COMMENTS OF THE AMERICAN BANKERS ASSOCIATION

AND CONSUMER BANKERS ASSOCIATION

 

The American Bankers Association1 and the Consumer Bankers Association2 (the Associations) write in support of the petition for reconsideration of the Federal Communications Commission’s (Commission) August 11, 2016, Report and Order (Order)3 filed by Great Lakes Higher Education Corp.; Navient Corp.; Nelnet, Inc.; the Pennsylvania Higher Education Assistance Agency; and the Student Loan Servicing Alliance (collectively, Petitioners). The Order implemented Section 301 of the Bipartisan Budget Act of 2015 (Budget Act or the Act), which exempts autodialed and prerecorded calls “made solely to collect a debt owed to or guaranteed by the United States” from the Telephone Consumer Protection Act’s4 (TCPA) prior express consent requirement (Exemption).5

 

The Exemption reflects Congress’s goal to help taxpayers recoup the $139.3 billion of delinquent debt owed to or guaranteed by the United States.6 The record developed during the rulemaking also demonstrates that borrowers trying to manage their finances responsibly are served best if they are able to have good communications with their lender. These communications may help the borrower avoid missed payments and fees, minimize negative impacts to a borrower’s credit report, take advantage of loan modification or other workout programs, and avoid default. Since the TCPA’s outdated restrictions on these communications apply to calls made to wireless phones, borrowers who are increasingly relying on mobile devices as the primary means by which they communicate with their financial services providers are put at a major disadvantage...(Continue Reading)