The 11th Circuit Court of Appeals is withholding issuance of the mandate in Hunstein v. Preferred Collection and Management Services, Inc.as of June 14, 2021. Therefore the Hunstein Decision is not final in all other circuit courts pending all 12 of the 11th circuit judges determining if they will rehear the case. At least 16 amicus briefs have been filed supporting the belief the case should be reheard and all were accepted. The appeals court’s April 21, 2021 published ruling in Hunstein upset the collection industry when it ruled a collector who shared information about a consumers’ debt with their mail services vendor violated section 1692c(b) of the FDCPA. The ACA friend of the court brief states that 120 copycat complaints and promise an “avalanche” still to come have been filed where no actual harm has occurred.
To read the amicus brief filed by ACA International click here.
For a deep dive on the Hunstein case, click here.
To understand mandates see: The Appellate Mandate: What It Is and Why It Matters By Jennifer L. Swize by clicking here.