STEVE CHABOT MEMBER OF CONGRESS FIRST DISTRICT, OHIO INCLUDES MOST OF HAMILTON COUNTY AND ALL OF WARREN COUNTY DEAN OF THE OHIO REPUBLICAN DELEGATION The Honorable Ajit Pai Chairman (!!ongrtss of t~t llnittb ~tatts Bnusr nf i!lrprrsrntatiurs Bas4tngtnn. lat 20515 December 4, 2017 Federal Communications Commission 445 l21h Street, S.W. Washington, D.C. 20554 Dear Chairman Pai: COMMITIEES: SMALL BUSINESS CHAIRMAN FOREIGN AFFAIRS SUBCOMMITIEE ON ASIA AND THE rACIFIC SUCOMMITIEE ON MIDDLE EAST AND NORTH AFRICA JUDICIARY SUBCOMMITIEE ON CRIME, TERRORISM, HOMELAND SECURITY AND INVESTIGATIONS SUBCOMMITIEE ON COURTS, INTELLECTUAL PROPERTY. AND THE INTERNET" As you are aware, on September 29, 2017, the Credit Union National Association (CUNA), which serves nearly 6,000 credit unions and 110 million members filed a "Petition for Declaratory Ruling" regarding the applicability of the Telephone Consumer Protection Act (TCP A) on informational calls placed by or on behalf of credit unions. The credit union industry has a vital role in providing financial services to millions of consumers across the nation. As not-for-profit financial cooperatives, credit unions are owned by their members, resulting in a governing structure that is prudent and consumer-driven in decision­ making and daily operations. This unique relationship between credit unions and their member­ owners is bolstered through regular dialogue and communications about time-sensitive financial information, security related matters, and educational material that are a significant component of their mission and cooperative structure. Credit unions members want and need such information to remain financially healthy and to have timely information about their accounts. In its petition, CUNA makes specific requests that "the Commission exempt from the TCPA's 'prior express consent' requirement informational calls made by credit unions to wireless numbers in one of two circumstances: (1) the wireless subscriber has an established business relationship with the credit union; or (2) the calls are in fact not charged to the called party, for example because the called party's wireless plan has unlimited minutes and texts." We request that the Federal Communications Commission (FCC) give thorough consideration to the points raised in the petition and provide, at the very least, more clarity and guidance on what communications are within the rights of credit unions to conduct with their member-owners. Notably, this would not allow credit unions or any other business any additional ability to make calls for commercial purposes such as selling new products or marketing other services. It would not change the rules protecting consumers from telemarketing calls in any way. CAREW TO\\FR 441 VINE STREET, Rom1 3003 CINCINNATI, OH 45202 (513) 684-2723 2371 RAYBURN HOUSE OFFICE 8 ILDING WASHINGTON, D.C. 20515 (202) 225-2216 PR INT! O ON Rl.CYCLI D p,\Pl R II s. BRO/\D\\'A\ ' ST. 3RD FLOOR L EBANON, OH 45036 (513) 421-8702 1065 Congress never intended the TCP A to restrict normal and expected business communication. Nevertheless, the FCC's TCPA rules and guidance have evolved into a confusing tangle of restrictions that subject credit unions to potentially crippling liability and are demonstrably reducing consumer-friendly informational communications. While there may be more than one way to address the concerns raised by credit unions, we do acknowledge that if these or similar concerns are not addressed with further clarity, guidance, or some form of exemption, an increasing number of credit unions will continue to be impeded from sending important financial information to their members because of both the lack of clarity in how to comply and out of fear of excessively costly litigation, due to the uncertainty surrounding the TCP A. Given light of the unique relationship credit unions have with their member-owners, as well as the sheer number of Americans who utilize these institutions for their financial services, it is our hope you will find a common-sense solution to address these concerns. Thank you for your time and consideration on this matter. Sincerely, Steve Chabot Member of Congress Steve King Member of Congress Af ~ John Garamendi Member of Congress Member of Congress Member of Congress g~ Member of Congress Susan W. Brooks Member of Congress Erik Paulsen Member of Congress Kristi Noem Memb r of Congress Member of Congress