TAMPA, Fla. — A federal judge has denied FiCare Federal Credit Union’s request for an emergency order requiring Fiserv to stop using an automated telephone system that the credit union alleges allows fraudsters to remove restrictions on its debit and credit cards.
As the CU Daily first reported here, FiCare FCU is one of a half-dozen CUs that have filed suit against Fiserv making similar allegations related to security protocols and other issues.
In an Oct. 23 order, the U.S. District Court for the Middle District of Florida ruled that FiCare had sought changes going beyond preservation of the existing arrangement between the parties and had failed to establish that it would suffer irreparable harm without court intervention.
FiCare sought a temporary restraining order and preliminary injunction against Fiserv Solutions LLC and Fiserv Inc. over the use of an automated interactive voice response system to verify callers’ identities or lift fraud restrictions on cards.
The credit union alleged that the system makes it easy for fraudsters to remove restrictions, causing financial losses to its customers and damaging the institution’s reputation. The order did not determine whether those allegations were true.
Court Cites Longstanding Arrangement
The court said FiCare was asking Fiserv not only to discontinue its current verification system but also to establish what amounted to a new, secondary fraud review process.
According to the order, FiCare had been a Fiserv customer for approximately 13 years, during which the companies operated in substantially the same manner. The judge concluded that the requested changes exceeded the purpose of emergency injunctive relief, which is to preserve the status quo while litigation proceeds.
Irreparable Harm Not Established
The court also found that FiCare had not demonstrated irreparable harm, a requirement for the emergency relief it sought.
The judge said financial injuries that could be compensated through monetary damages after a final judgment did not meet that standard. The court also concluded that FiCare had not shown reputational damage substantial enough to justify an injunction.
The ruling denies FiCare’s motion for temporary relief; it does not resolve the underlying lawsuit or determine Fiserv’s ultimate liability.
The order was filed Oct. 23 in FiCare Federal Credit Union v. Fiserv Solutions LLC and Fiserv Inc., Case No. 8:26-cv-00231.
