CUNA files brief with appellate court in FDCPA lawsuit

January 19, 2022

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.