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State Creditors Bar Associations, U.S. Chamber of Commerce File Briefs in Support of Preferred Collection

Five amicus briefs support defendant’s argument in 11th Circuit case on Article III standing.

01/19/2022 2:30 P.M.

2 minute read

Several groups have filed amicus briefs in support of Preferred Collection and Management Services Inc.’s en banc brief on Article III standing in Hunstein v. Preferred Collection and Management Services Inc.

The appeal before the 11th Circuit has become focused, in substantial part, on questions related to the intersection of the federal judicial doctrine surrounding Article III standing, which relies on the U.S. Constitution’s “case or controversy” clause, and bare procedural or technical violations of federal consumer protection laws—here, allegedly, the Fair Debt Collection Practices Act—ACA International previously reported. Judicial analysis in this area of law has become increasingly complex and nuanced over the past 18 months.

The amicus briefs include:

Preferred’s en banc brief chiefly argues, at the 11th Circuit’s behest, that Richard Hunstein lacks Article III standing to sue under the FDCPA after the defendant, Preferred Collection, engaged a letter vendor as its agent to generate and mail to Hunstein a dunning letter about a debt that he ostensibly had an obligation to pay. In addition, it argues that the 11th Circuit panel’s now-vacated decisions—issued in April and October 2021—ignored critical background principles of common-law agency and corporate law and, moreover, would create an irreconcilable problem with the First Amendment’s guarantee of free speech.

What’s Next?

Oral argument will be conducted in the Hunstein v. Preferred Collection and Management Services Inc. case before the 11th Circuit Court of Appeals on Feb. 22.

Members can visit ACA’s Hunstein Resource Center to read background information on the case.

Related Content from ACA International:

Preferred Collection’s Brief in Hunstein Argues Plaintiff Lacks Article III Standing, FDCPA Does Not Prohibit Communications with Agents

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