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11th Circuit Vacates Hunstein, Issues New Opinion

Hunstein v. Preferred Collection and Management Services, Inc.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.

We will have further analysis in the days to come.


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Donald Maurice provides counsel to the financial services industry, successfully litigating matters in the state and federal courts in individual and class actions. He has successfully argued before the Third, Fourth and Eighth Circuit U.S. Courts of Appeals, and has represented the financial services industry before several courts including as counsel for amicus curiae before the United States Supreme Court. He counsels clients in regulatory actions before the CFPB, and other federal and state regulators and in the development and testing of debt collection compliance systems. Don is peer-rated AV by Martindale-Hubbell, the worldwide guide to lawyers. In addition to being a frequent speaker and author on consumer financial services law, he serves as outside counsel to RMA International, on the governing Board of Regents of the American College of Consumer Financial Services Lawyers, and on the New York City Bar Association's Consumer Affairs Committee. From 2014 to 2017, he chaired the ABA's Bankruptcy and Debt Collection Subcommittee. For more information, see

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