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11th Circuit Update: ACA Staff and Members Dissect FDCPA Ruling in Hunstein


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A recording of ACA’s Hot Topic webinar on the impact of the Hunstein v. Preferred Collection and Management Services Inc. case is now available for members.

5/5/2021 9:00

ACA International Corporate Counsel Colin Winkler, Richard Perr, co-managing partner at Kaufman Dolowich Voluck, Michael Klutho, shareholder at Bassford Remele, and Cheryl Kananowicz, president of financial services markets at RevSpring, recently discussed the new ruling from the 11th Circuit Court of Appeals on third-party disclosures and letter vendors.

A complimentary recording of their discussion on what this case means for agencies, letter vendors and the accounts receivable management industry is now available for members.

The 11th Circuit issued an opinion in Hunstein v. Preferred Collection and Management Services Inc. April 21 holding that an alleged violation of the third-party disclosure provision under 15 U.S.C. Section 1692c(b) of the Fair Debt Collection Practices Act results in an alleged concrete injury under Article III of the U.S. Constitution, ACA previously reported. The Hunstein court came to this unfortunate decision on the standing aspect of the case even though there was no actual or tangible harm. 

In addition to this webinar, ACA’s compliance and advocacy teams are working on a response to the case and legal resources are available for members through the Industry Advancement Fund (IAF).

The IAF serves to support members in individual litigation; to intervene wherever and whenever needed as an amicus curiae (friend of the court); and to fund special legislative and regulatory advocacy initiatives when appropriate.

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