ACA International will provide a summary for members following the hearing, which included statements from both sides of the FDCPA letter vendor case focused on Article III standing. 02/22/2022 3:45 P.M. 2 minute read A recording of the oral argument before the 11th Circuit Court of Appeals en banc panel is available in Hunstein v. 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 […]
The 11th Circuit found a consumer failed to state an FCRA claim when she alleged that a bank didn’t remove a dispute notation from her credit report after consumer reporting agencies forwarded her letter to the bank. 01/04/2022 3:00 P.M. 3 minute read White v. Wells Fargo Bank, N.A., No. 21-11840, 2021 WL 6102458 (11th […]
The debt collector was served with a complaint and did not respond. A magistrate judge issued a report and recommendation awarding the consumers attorneys’ fees, costs and damages. After this award, the debt collector filed an objection to the report, a late answer to the complaint and a motion to set aside the default judgment. […]
The 11th Circuit declined to revise its earlier holding and sua sponte affirmed its decision holding that supplying debtor information to a third-party mail vendor constituted a communication “in connection with the collection of any debt” within the meaning of Section 1692c(b) and so violated the FDCPA prohibitions on “communicating” information about a debt to third parties. […]
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