CBA: FCC’s Proposal Too Narrow, Inconsistent

On Monday, June 6, 2016, CBA submitted a joint comment letter with the American Bankers Association responding to the Federal Communication Commission’s (FCC) notice of proposed rulemaking on the Bipartisan Budget Act (BBA) Telephone Consumer Protection Act (TCPA) exemption for debt “owed to or guaranteed by the United States.”  In the letter, the Associations argued:

  • The BBA exemption should apply to all forms of government obligations, including loans issued by the government and loans backed by Fannie Mae and Freddie Mac;
  • The proposal added limitations not  intended by Congress by limiting the calls to after the borrower defaulted, mandating the borrower provide the number, including calls to residential lines, and limiting the number of calls and duration of calls;
  • The FCC failed to offer any reliable consent by imposing the reassigned numbers treatment from last year’s TCPA order; and
  • The FCC’s proposal is inconsistent with well-established mortgage servicing policy and conflicts with other existing regulatory requirements.