Hear ACA’s initial analysis of the decision in the Hunstein appeal including the core components of the ruling, what it means for the ARM industry, the case process and support from the Industry Advancement Fund.
09/12/2022 2:30 P.M.
3 minute read
What does the Hunstein ruling mean for the industry? In case you missed it or need a refresher, a recording of ACA International’s free Hot Topic webinar is now available, featuring initial insights on the long-awaited case decision and next steps in unpacking the ruling.
The ACA Hot Topic features Jack Brown III, president at Gulf Coast Collection Bureau, Michael Klutho, shareholder at Bassford Remele, and Issa Moe, ACA’s vice president of legal and general counsel, as they go through the ruling, discuss what this means and share the role ACA played in this process through the Industry Advancement Fund and the support of our members.
Brown, Klutho and Moe discuss key takeaways dating back to the first dismissal of the case at the district court level and how it escalated to the circuit courts and appeals court over the course of two years.
Ultimately, in issuing its long-awaited decision in Hunstein v. Preferred Collection and Management Services Inc., the 11th Circuit Court of Appeals dismissed the case because the plaintiff lacked standing to sue in federal court, ACA previously reported.
Throughout the course of the Hunstein appeal, ACA has been working with Preferred and has included a broad consortium of stakeholders to consider the potential far-reaching effects of this case.
“ACA International is appreciative of the Board of Directors’ leadership and support for use of the Industry Advancement Fund to support ACA’s member to fight this case and for all involved for ultimately securing a sound ruling for the accounts receivable management industry,” said ACA CEO Scott Purcell.
The ACA Hot Topic also covered initial reactions of how the decision may impact cases stayed in state courts dating back to the original Hunstein complaint and operations going forward.
Hunstein on the ACA Huddle
For more information on Hunstein, check out the Sept. 14 ACA Huddle. In lieu of ACA updates, special guest Shay Dvoretzky, head of the Supreme Court and Appellate Litigation Practice Group at Skadden, Arps, Slate, Meagher & Flom LLP, affiliates and counsel for Preferred Collection & Management Services, provides members a breakdown of this en banc opinion.
The Hunstein presentation is followed by: New CSBS Cybersecurity Tools Available for Agencies and State Examiners.
The Conference of State Bank Supervisors (CSBS) recently released two new tools for nonbank financial services companies, including debt collection agencies, to improve their cybersecurity preparedness. Join North American Collection Agency Regulatory Association (NACARA) leadership and members of the CSBS team for an overview of how state examiners will use these tools, how agencies can use them to self-asses their needs and help clarify what pertains to the accounts receivable management industry.
Each ACA Huddle, sponsored by Connect International, Solutions by Text, Pay N Seconds, BeeSeen Solutions, TCN, and Collectors Insurance Agency, also features an update on the current landscape for receivables businesses from a federal and state advocacy perspective, as well as compliance.
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