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DATAMATX Part of Coalition Filing Amicus Brief in Support of Preferred Collection and Management Services

22 Jun DATAMATX Part of Coalition Filing Amicus Brief in Support of Preferred Collection and Management Services

Posted at 13:58h in Press Releases by

ATLANTA, Ga, June 22, 2021—DATAMATX, A coalition of 12 independent businesses specializing in the production and delivery of printed and electronic collection communications filed an amicus brief in support of the defendant’s petition for a rehearing en banc following the 11th Circuit’s panel decision in Hunstein v. Preferred Collection and Management Services, Inc.

The Coalition’s amicus brief addresses two oversights by the panel that, if left uncorrected, could create the potential for a significant misreading of the Fair Debt Collection Practices Act, preventing the print and mail industry and other third-party service providers from servicing debt collectors. The brief questions whether the panel erred by accepting, without consideration, the parties’ legal conclusion that Preferred engaged in a communication with CompuMail, since CompuMail is not a person under the statute, but a medium through which collectors convey debt information. Additionally, it expresses concerns that the panel overlooked Regulation F and the CFPB’s interpretation of the FDCPA as not prohibiting a debt collector’s use of a print and mail vendor.

The Coalition’s goal is to educate the court on the fact that the print and mail industry serves as an important communication conduit between businesses and consumers, as well as acting as an extension of operations for corporate America and the United States Postal Service. Hence, the panel’s current decision imposes significant harm to millions of consumers who rely on written correspondence from debt collectors about their credit transactions, repayment obligations, their legal rights and credit reporting consequences.

The deadline for amicus briefs to be filed was June 1, 2021. However, there is no specified date or timeline for the court to rule on the defendant’s request for rehearing or review of the amicus briefs.