ACA International has updated resources available to help members learn about the case, what’s next, and what you need to know for your business, including details on the petition for rehearing and amicus brief deadlines.
5/13/2021 12:00
Following the April 21 decision in Hunstein v. Preferred Collection and Management Services Inc., ACA International’s staff and the Judicial Committee have been hard at work to respond to the case and provide support through the Industry Advancement Fund.
The latest update is an extended deadline for the petition for rehearing en banc, which is now May 25. Richard Perr, co-managing partner at Kaufman, Dolowich Voluck LLP, secured the extension and has entered an appearance as co-counsel for the defendant-appellee, Preferred Collection and Management Services Inc.
Hunstein: A Primer on the 11th Circuit's Ruling
You’ve probably heard that on April 21, 2021, a three-judge panel in the U.S. Court of Appeals for the 11th Circuit released an opinion in Hunstein v. Preferred Collection and Management Services Inc. This short primer explains what the opinion said and why it might matter to your business.
ACA Playbook: What To Do if You Get Sued Under a Hunstein Theory
With Hunstein copycat cases cropping up at an alarming rate and variations on the theme emerging as the plaintiff’s bar conducts its speculative penetration testing in state and federal courts across the nation, every agency must understand how to competently handle a Hunstein copycat case.
At last count, the number of cases filed since the Hunstein opinion was issued on April 21 exceeded 80, with more than 50 of those being class-actions limited to specific states. Several cases were filed in the U.S. District Court for the Eastern District of New York and U.S. District Court for the Northern District of Georgia in addition to Florida, Wisconsin, Pennsylvania and Alabama courts.
Click here to read the case playbook.
Hunstein: Where Does It Stand?
If you’re tracking the Hunstein decision and its fallout, you’re probably wondering: What is going on with the opinion? Where does it stand? What is ACA doing? Click here to read a status report on the case.
On the advocacy side, ACA has discussed the issue with several regulators and consumer groups about the possible implications for businesses and consumers as a result of the Hunstein ruling. ACA is also working with a broad coalition of other industries impacted by the ruling to educate Congress and other policymakers about the problems associated with the decision.
If your agency needs financial support to fight a claim when the time comes to do so, reach out to ACA’s Industry Advancement Fund (IAF) for financial support by emailing [email protected]. The IAF exists for exactly this reason, so don’t be shy about reaching out to make an inquiry and seek guidance on submitting an application!