GREAT BRIEF: The Folks at MBA Show How its Done With Riveting Brief Seeking En Banc Review of Hunstein

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So I’ll go ahead and initiate a slow clap here.

While I have no idea how the en banc effort will turn out–although my bet is that the full eleventh Circuit will hear this thing–the Mortgage Bankers Association has really put its bets foot forward in submitting an amicus brief supporting Defendant’s en banc review request in Hunstein.

Now I should note that the MBA was not alone in this effort–not by a long shot. The brief was joined by the ABA, AFSA, CBA, CUNA, and the US Chamber and Housing Policy Chamber. And these are all fine institutions whose input contributed meaningfully to the product (I assume) >:).

But I am giving the MBA the big nod here, mostly because they included me most closely in liaising on its creation. (And obviously the folks at Bradley did an outstanding job absorbing input and crafting something really special.)

What I most love to see is the heavy heavy focus on First Amendment issues. For so long the First Amendment has been an after thought for most civil litigators. I can only assume that’s because the law is dense and squishy at times. Or perhaps its that many lawyers don’t feel comfortable wielding the powerful sword of constitutional doctrine. Not all are worthy, I suppose.

But the TCPA has so democratically made a King Arthur of all of us recently and I love to see the free speech discussion front and center. (I note that I think the reliance on Central Hudson is… wrong after AAPC but hey if we win under CH I’ll take it.)

The brief is also outstanding in laying out the harm to folks in the financial services industry–a classic lock-solid and factually-supported record-building enterprise that the Eleventh Circuit is almost certain to hang its hat on should an en banc review be granted.

Simply stated–I don’t know whether en banc review will be granted but, if it is, THIS brief absolutely helped make the difference.

Brief here: MBA Amicus Brief–Hunstein

Enjoy!

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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  1. Pingback: HUNSTEIN STAY DENIED!: Court Refuses to Stay Hunstein Case Pending En Banc Determination–Withholding of Mandate Immaterial – TCPAWorld

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