CUNA, Trades Request Rehearing on appeal’s court FDCPA decision
FOR IMMEDIATE RELEASE
June 2, 2021
Credit Union National Association (CUNA) joined with several financial industry associations to file an amicus brief supporting a petition for a rehearing of a lawsuit that deals with communications under the Fair Debt Collection Practices Act (FDCPA).
The organizations are seeking a re-hearing following the opinion released in the 11th Circuit Court that prohibits not only third-party debt collectors, but also the entire financial services industry from using third-party service providers which are vital to servicing loans.
“The panel’s broad reading of Section 1692c(b) renders the statute in violation of the First Amendment. In fact, under the panel’s interpretation, Section 1692c(b) may be the most burdensome restriction on commercial speech in the federal code,” the brief reads. “Yet this heavy restriction cannot be justified by the promise of advancing a substantial interest in a tailored manner.”
The brief adds that the previous decision threatens to limit the ability to share information necessary for buying, selling, and securitizing loans, which is critical to the financial services market.
Credit Union National Association (CUNA) is the only national association that advocates on behalf of all of America’s credit unions, which are owned by 120 million consumer members. CUNA, along with its network of affiliated state credit union leagues, delivers unwavering advocacy, continuous professional growth and operational confidence to protect the best interests of all credit unions. For more information about CUNA, visit cuna.org. To find your nearest credit union, visit YourMoneyFurther.com.