May 28, 2021

Print & Mail Coalition Files Amicus Brief in Support of Preferred Collection and Management Services

Identifies key points not considered in the ruling

May 28, 2021 – Following the 11th Circuit’s panel decision in Hunstein v. Preferred Collection and Management Services, Inc., the Print & Mail Coalition (the “Coalition”) filed an amicus brief in support of the defendant’s petition for a rehearing en banc. The Coalition represents 12 independent businesses specializing in the production and delivery of printed and electronic collection communications.

The Coalition’s amicus brief addresses two oversights by the panel, which, left uncorrected, would leave intact a significant misreading of the Fair Debt Collection Practices Act and eliminate the print and mail industry, and other service providers from servicing debt collectors. The issues raised by the Coalition are:

  • Whether the panel erred by accepting, without consideration, the parties’ legal conclusion that Preferred engaged in a communication with CompuMail. The Coalition’s argument is that CompuMail is not a person under the statute, but a medium through which collectors convey debt information.
  • Whether the panel decision 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 brief explains that the print and mail industry serves as an important communication conduit between businesses and consumers, and acts as an extension of operations for corporate America and the United States Postal Service. Additionally, the Coalition asserts that panel’s 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 is 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.