Thursday, October 28, 2021

FYI: 11th Circuit Vacates Hunstein, Issues New Opinion

The U.S. Court of Appeals for the Eleventh Circuit issued an opinion today vacating its earlier decision in Hunstein v. Preferred Collection and Management Services, Inc., and issued a new opinion that does not provide a "quick fix" for the credit and collection industry.


A copy of the opinion is available at:  Link to Opinion


As you may recall, an April 2021 ruling from the same panel of three judges found that a debt collector's use of a letter vendor to print and send a dunning letter to a consumer sufficiently alleged a violation of section 1692c(b) of the federal Fair Debt Collection Practices Act, and that the complaint's allegation that the information was disclosed to employees of the letter vendor was sufficient to allow the plaintiff to proceed in federal court.


We discuss that previous opinion in detail here.


Unfortunately, today's opinion has the same result.  However, it includes a dissent from one judge who writes he has "changed my mind" because of a recent opinion from the Supreme Court of the United States.


We will have further analysis in the days to come.





Ralph T. Wutscher
Maurice Wutscher LLP
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