11th Circuit Vacates Hunstein, Issues New Opinion

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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 here.

An April 21, 2021, decision 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 opinion in detail here.

But although today’s opinion has the same result, it includes a dissent from one judge who writes he has “changed my mind” because of a recent decision from the U.S. Supreme Court.