CUNA News
  • LOG IN
  • Create Account
  • Sign Out
  • My Account
  • LOG IN
  • Create Account
  • Sign Out
  • My Account
  • Topics
    • Community Service
    • Compliance
    • Credit Union Hero
    • Credit Union Rock Star
    • Credit Union System
    • Directors
    • Human Resources
    • Leadership
    • Lending
    • Marketing
    • Operations
    • Policy & Issues
    • Sales & Service
    • Technology
  • Credit Union Magazine
    • Buyers' Guide
    • COVID-19
    • Digital Edition
    • Credit Union Hero
    • Credit Union Rock Star
    • Subscribe
    • Advertise
    • Contact
  • Advertise
  • Awards
    • Nominate Credit Union Hero
    • Nominate Credit Union Rock Star
  • Podcasts
  • Videos
  • Jobs
  • Contact

News

Home » CUNA files brief with appellate court in FDCPA lawsuit
Policy & Issues

CUNA files brief with appellate court in FDCPA lawsuit

January 19, 2022
Equifax

CUNA joined the Chamber of Commerce and multiple bank trade associations in filing an amicus brief this week in a Fair Debt Collection Practices Act (FDCPA) case that will be heard en banc by the 11th Circuit Court of Appeals. Hunstein v. Preferred Collection and Management Services, Inc. could expand the potential actions that would violate the FDCPA.

CUNA believes the appellant position in this case “threatens the functioning of debt collectors, mortgage servicers, and the broader financial services industry, as well as the many other sectors of the economy that depend upon access to financial services.”

Specifically, CUNA believes the case presents two issues:

  • The appellant has not established injury to provide the court with jurisdiction.
  • The appellant’s “expansive reading” of parts of the FDCPA should be rejected, as it contravenes Congressional intent behind the enactment of the FDCPA.

CUNA filed a request in June 2021 for an en banc hearing, but the 11th Circuit Court’s October decision granted standing and adopted an expansive reading of a section of the FDCPA.

In November, the U.S. Court of Appeals for the 11th Circuit vacated that opinion.

It will be heard by an en banc panel of appellate judges, with oral arguments scheduled to begin Feb. 22.

Credit Union Magazine: Winter 2022

Winter 2022

Credit Union Magazine’s Winter 2022 issue highlights data-driven marketing, the board’s role in cybersecurity, elder abuse scams, credit unions’ auto lending advantage, and more.
Digital Edition •  Subscribe

Trending

  • House passes CUNA, League-led board modernization bill

  • Reps introduce bipartisan Credit Union Board Modernization Act

  • What workers want

Tweets by CUNA_News

Polls

Vote for the 2023 CU Hero of the Year

View Results
More

Champion for the Credit Union Movement

Credit Union National Association is the most influential financial services trade association and the only national association that advocates on behalf of all of America's credit unions. We work tirelessly to protect your best interests in Washington and all 50 states. We fuel your professional growth at every level and champion the credit union story at every turn.

More CUNA

  • Membership
  • Contact Us
  • Careers

Resources for

  • Credit Union Advocates
  • Leagues
  • Press
  • Providers

Our Affiliates

  • American Association of Credit Union Leagues (AACUL)
  • Credit Union Awareness
  • Credit Union House
  • CUNA Strategic Services
  • National Credit Union Foundation
GET CUNA UPDATES
© 2023 Credit Union National Association | ADA Compliance Notice & Legal
Email Us