The American Financial Services Association, joining a number of other trade associations representing a wide variety of industries, submitted a letter on February 5 to the Federal Communications Commission (FCC) urging it to clarify its definition of automatic telephone dialing system (ATDS) found in the Telephone Consumer Protection Act (TCPA).
The combined trades noted that a declaratory rule would help stem the tide of abusive TCPA litigation fueled by uncertainty regarding the ATDS definition. The Pallone-Thune TRACED Act, which was enacted on December 30, 201, makes important strides in protecting consumers from illegal robocalls. The letter notes that combatting illegal robocalls is a shared goal of the FCC, consumer advocates and legitimate businesses and makes two common sense requests of the FCC:
· First, “make clear that to be an ATDS, equipment must use a random or sequential number generator to store or produce numbers and dial those numbers without human intervention.”
· Second, “find that only calls made using actual ATDS capabilities are subject to the TCPA’s restrictions.”
These proposals are “faithful to the plain language of the TCPA, closely follow the D.C. Circuit’s decision in ACA International, and have strong support in the record. The letter laid out a concrete case explaining the rationale for the two proposals and asked the FCC to act without further delay. “The Commission can issue an interpretation of ATDS that facilitates the ability of businesses to use modern technologies to communicate with their customers effectively and efficiently. The Commission can take this action without impairing its important work to combat illegal automated calls,” the letter closed.
AFSA, Trades Submit Letter Urging for TCPA Clarification
Feb 05, 2020
The American Financial Services Association, joining a number of other trade associations representing a wide variety of industries, submitted a letter on February 5 to the Federal Communications Commission (FCC) urging it to clarify … Read the rest
AFSA Pulse Initiative Moving Forward
Feb 05, 2020
The AFSA Pulse initiative is moving forward with active engagement from several large auto finance companies. We are very excited about developing and refining the service to support AFSA Members and the association. With your input and … Read the rest
Session Spotlight | Data Privacy: Who’s in the Driver’s Seat?
Feb 03, 2020
Today’s connected cars and tomorrow’s autonomous vehicles demonstrate the commercial opportunities for collecting personal data. The questions: Who should control the use of that data? The company or the customer?
Tami … Read the rest
February Featured Partner | White Clarke Group
Feb 01, 2020
White Clarke Group is February’s Featured Partner.
White Clarke Group is an award-winning provider of loan origination, loan servicing, and floorplan finance software for the automotive, consumer and asset finance sectors. CALMS’… Read the rest
House Passes Credit Reporting Bill Unhelpful to Consumers
Jan 30, 2020
The American Financial Services Association is disappointed that Members of the House last night (January 29) approved H.R. 3621, “The Comprehensive CREDIT Act”, which actually harms the very consumers Congress claims to… Read the rest
LISTEN | Stan Butler on the AFSA Extra Credit Podcast
Jan 30, 2020
In this episode of the AFSA Extra Credit Podcast, we’re speaking with Stan Butler, President & CEO of Heights Finance. We talk a bit about the difference Stan sees in banks versus consumer credit companies like Heights. We also… Read the rest
AFSA Files Amicus Brief in Massachusetts Mortgage Case
Jan 28, 2020
The American Financial Services Association (AFSA), along with several other trade associations, submitted an amicus brief in Thompson v. JPMorgan Chase Bank on January 22, a case currently being heard in the Massachusetts Supreme Judicial… Read the rest
The Borrower’s Digital Lending Journey
Jan 27, 2020
Join us on February 20 at 2:00 p.m. ET for The Borrower’s Digital Journey, presented by REPAY.
Studies of customer feedback tell us that more and more customers prefer self-service options and value flexibility and convenience when… Read the rest
AFSA, Trades Comment on TRID RFI
Jan 24, 2020
The American Financial Services Association, along with a number of other trade associations, submitted a comment this week (January 20th) in response to a Request for Information (RFI) from the Consumer Financial Protection Bureau (CFPB)… Read the rest
Scam Alert: Conference Lists & Accommodations
Jan 24, 2020
The American Financial Services Association has learned about two scams that people and/or companies are offering to AFSA members.
First, companies are emailing AFSA Members offering conference attendee lists, lodging reservations,… Read the rest