Litigation Update: Substitute Opinion Issued in Hunstein Case

A three-judge panel of the 11th Circuit issued a substitute opinion in Hunstein v. Preferred Collection and Management Services. The opinion adopts an expansive reading of Section 1692c with a judge dissenting on standing in light of the Supreme Court’s decision in TransUnion v. Ramirez.

The lawsuit deals with communications under the Fair Debt Collection Practices Act (FDCPA).

Procedurally, Preferred Collection retains the right to seek rehearing and rehearing en banc. CUNA joined an amicus brief in this case supporting the petitioner’s request for a hearing en banc prior to the issuance of the substitute opinion.