Court’s Decision in TCPA Case Marks a Win For Consumers

March 16, 2018

WASHINGTON – Richard Hunt, President and CEO of the Consumer Bankers Association (CBA), issued the below statement following the U.S. Court of Appeals for the D.C. Circuit’s decision in CBA’s Telephone Consumer Protection Act (TCPA) case against the Federal Communications Commission (FCC), ACA International v. FCC:

“The Court’s ruling is good news for American consumers. For too long, access to critical and time-sensitive financial information, such as low balance notifications, fee avoidance alerts, and due date reminders, has been restricted as a result of the FCC’s disastrous order. With 90 percent of Americans owning a cell phone and nearly 60 percent of households being entirely wireless, federal policy must reflect the need for businesses to communicate with their customers through 21st Century communication channels, such as smartphones,” CBA President and CEO Richard Hunt said.

“The Court’s decision is a significant step toward greater clarity to the FCC’s poorly designed policy and underscores the necessity of drafting rules that best serve consumers’ modern lives.”

How Did the FCC’s 2015 TCPA Omnibus Order Harm Consumers?

On June 18, 2015, the FCC approved an order, along party lines, which led to the chilling of beneficial communications to consumers and further opened the floodgates for litigation against compliance-minded American businesses. Specifically, the FCC’s interpretation of an automatic dialer, called party for reassigned numbers, and revocation of consent harmed consumers’ access to elective, useful communications.

For further information, please reference the following CBA materials: