It’s not an option open to every defendant, but a defendant has found one way to defeat a Hunstein copycat case — a vague disclosure made during a bankruptcy filing. A copy of the ruling in the case of Dervitz v. ARS National Services can be accessed by clicking here. …
Read More »Judge Denies MTD in Hunstein Copycat Case
A District Court judge in Washington has denied a defendant’s motion to dismiss after it was sued for allegedly communicating information about a debt with an unauthorized third party that printed and mailed a collection letter to the plaintiff, ruling that the language of the Fair Debt Collection Practices Act …
Read More »Judge Grants Motion to Remand Hunstein Copycat Back to State Court
This is one of those articles where the lede gets buried, but I think it’s worth reading all the way to the end, especially if you’re interested in Hunstein-related lawsuits. A District court judge in Illinois has granted a plaintiff’s motion to remand a Hunstein case back to state court, …
Read More »Judge Grants MTD in Hunstein Class-Action for Lack of Standing
A District Court judge in New York has granted a defendant’s motion to dismiss a Hunstein lawsuit, albeit for lack of standing, because the plaintiff failed to plead that using a letter vendor violated his privacy and that anyone at the vendor reviewed or otherwise saw the plaintiff’s information. A …
Read More »Judge Grants MTD in Hunstein Case for Second Time Over Lack of Standing
Strike two. A plaintiff alleging a collection agency violated the Fair Debt Collection Practices Act by using a letter vendor to print and mail the collection letter she received has had her case dismissed by a federal judge for lack of standing, although this time the judge is not giving …
Read More »Judge Grants MTD in Hunstein Class Action for Lack of Standing
A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss a Hunstein copycat class-action case, ruling the plaintiff lacks standing to sue. A copy of the newest ruling — Barclift v. Keystone Credit Services — can be accessed by clicking here. The plaintiff received a collection letter …
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 »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 …
Read More »Judge Dismisses Six Hunstein Cases for Lack of Standing
In one fell swoop on Friday, a District Court judge in New York dismissed six Hunstein cases for lack of standing, ruling that a recent Supreme Court decision “casts significant doubt on the continued viability of Hunstein” cases, but giving the plaintiffs time to amend their complaints, either in federal …
Read More »Judge Denies Defendant’s Stay Request in a Hunstein Case
A District Court judge in Florida has denied a defendant’s motion to stay a Hunstein case, ruling that the pending en banc petition in Hunstein before the Eleventh Circuit Court of Appeals “does not affect the precedential value” of the ruling, “which is the law of this circuit.” A copy …
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