Tag Archives: Hunstein v. Preferred Collection and Management Services

There have been a number of rulings in Hunstein cases and a number of rulings in post-Facebook Telephone Consumer Protection Act cases, but rarely, if ever, has there been a ruling that addresses both of these landmark cases. A District Court judge in Tennessee has partially granted a defendant’s motion …

A District Court judge in Kansas has granted a defendant’s motion to dismiss a Hunstein case, ruling that the plaintiff lacked standing to sue because she did not suffer a concrete injury when the defendant used a third-party vendor to print and mail a collection letter. A copy of the …

Five groups have filed amicus briefs with the Eleventh Circuit Court of Appeals in support of the defendant-appellee in Hunstein v. Preferred Management & Collection Services, each laying out their arguments why the Court should rule that the plaintiff-appellant does not have standing to sue in a Fair Debt Collection …

Congress made a mistake when it drafted Section 1692c(b) of the Fair Debt Collection Practices Act, which prohibits communicating information about a debt with third parties because the way the statute is written, “there would be no corporate debt collectors because debt collectors would violate the FDCPA ever single time …

Similar to the named plaintiff in a class-action lawsuit being emblematic of the injuries suffered by everyone in the class, I’m using this case to point out that judges across Florida are granting stays in Hunstein copycat cases in anticipation of the en banc hearing and ruling that will be …

By using a mail house to print and mail a collection letter, thus “exposing … non-public information to an unauthorized third party,” the plaintiff-appellant in Hunstein v. Preferred Collection & Management Services suffered a concrete injury and thus has standing to sue, his attorney argued in a brief that was …

This is one of those cases where I feel like I need to make the “I’m not a lawyer” disclaimer because, to me, this looks like one of those “good news, bad news” type of cases, but there might be sides to this that I am not seeing. A District …

Trying to convince a federal judge that a plaintiff has standing to pursue a lawsuit is a tightrope walk for companies in the accounts receivable management industry. The company doesn’t want to admit to making a mistake, yet also needs to convince a judge that the plaintiff was harmed by …

The battle lines have been drawn. When it hears arguments in Hunstein v. Preferred Management & Collections — during the week of February 21, 2022 — the Eleventh Circuit Court of Appeals wants to hear from both sides on whether the plaintiff actually has standing to bring his lawsuit in …

The Eleventh Circuit Court of Appeals announced today that the entire panel of judges will rehear arguments en banc in the Hunstein v. Preferred Management & Collections case, vacating the opinion that was issued last month, and giving the industry hope that the case may be reversed. A copy of …