In a ruling that is emblematic of what is happening in Hunstein cases across the country, a District Court judge in North Carolina has used the Eleventh Circuit’s en banc ruling to determine that a plaintiff does not have standing to sue in federal court and remanded the case back …
Read More »Appeals Court Dismisses Hunstein for Lack of Standing
The Court of Appeals for the Eleventh Circuit issued its long-awaited ruling in Hunstein v. Preferred Collection & Management Services today, dismissing the case because the plaintiff lacked standing to sue in federal court. A copy of the ruling can be accessed by clicking here. “Because Hunstein has alleged only …
Read More »Summarizing Yesterday’s Hunstein Hearing
Now, the waiting begins. The entire panel of judges on the Eleventh Circuit Court of Appeals heard oral arguments yesterday in Hunstein v. Preferred Collection & Management Services, the latest legal skirmish in a case that has been the most closely watched and scrutinized Fair Debt Collection Practices Act lawsuit …
Read More »Judge Remands Three Hunstein Cases Back to State Court for Lack of Standing
A District Court judge in North Carolina has remanded three separate Hunstein cases back to state court, ruling that the plaintiffs in each did not suffer a concrete injury sufficient to have standing to sue in federal court. Copies of the rulings in the cases of Brown v. Alltran Financial, …
Read More »Pa. Judge Denies Motion for Judgment on Pleadings in Hunstein Copycat Case
When it comes to the Hunstein case, the industry made two steps forward with the Eleventh Circuit Court of Appeals in finally getting the Court to agree to rehear the case, only to have a judge in the Eastern District of Pennsylvania make everyone take one giant step backward yesterday …
Read More »Pa. Judge Denies Stay Request in Hunstein Case
A District Court judge in Pennsylvania has denied a defendant’s motion to stay a Hunstein case pending the outcome of the en banc rehearing scheduled later this month before the Eleventh Circuit Court of Appeals, ruling that regardless of how the Eleventh Circuit rules, it will not have “binding precedence” …
Read More »Judge Grants MTD in Hunstein Copycat Case
A District Court judge in Wisconsin has granted a defendant’s motion to dismiss a Hunstein lawsuit, ruling the plaintiff lacked standing to sue because “[a] debt collector that outsources the mechanical tasks of preparing and mailing letters that the debt collector itself is authorized to send does not inflict any …
Read More »Judge Grants MSJ for Defendant on Hunstein Claim, Denies MSJ on TCPA ATDS Claim
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 …
Read More »Judge Grants MTD in FDCPA Case Alleging Hunstein Disclosure
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 …
Read More »Groups File Amicus Briefs Supporting Preferred in Advance of En Banc Rehearing
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 …
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