Tag Archives: Hunstein v. Preferred Collection and Management Services

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 …

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, …

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 …

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” …

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 …

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 …