Dissecting the Aftermath of Hunstein: Where Does the Financial Services Industry Go from Here? [CC]

A panel will discuss the wide-reaching implications of an 11th Circuit opinion issued in Hunstein v. Preferred Collection and Management Services Inc. for the debt collection industry and others

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A panel will discuss the wide-reaching implications of an 11th Circuit opinion issued in Hunstein v. Preferred Collection and Management Services Inc. for the debt collection industry and others. In April 2021, the 11th Circuit found that there was a violation of the third-party disclosure provision under 15 U.S.C. Section 1692c(b) of the Fair Debt Collection Practices Act when a collection agency used a letter vendor, deviating from years of precedent. Questions about whether it is permissible to use a letter vendor have since sent the financial services industry spinning. Subsequently, in November the 11th Circuit issued an order sua sponte to rehear Hunstein en banc, vacating the panel's substitute opinion. Nevertheless, since the original Hunstein decision, there have been hundreds of copycat cases throughout the county, and many questions about what this case means for agencies, letter vendors, and the financial services industry as a whole. There are also questions about whether the Hunstein decision conflicts with recent CFPB debt collection rules. The panel will dissect the latest on this line of cases, the outlook for using letter vendors, complying with CFPB debt collection rules, and other expected activity surrounding this issue.

Speakers

Arpan Ashwin Sura, Richard J Perr, Steven Raymond Sharpe

Moderators

Leah Conway Dempsey

Co-sponsors

Consumer Financial Services

Product Code

CL2201CFSW02OLC

Duration

Publication Date

1/19/2022 12:00:00 AM

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Dissecting the Aftermath of Hunstein: Where Does the Financial Services Industry Go from Here? [CC]

Dissecting the Aftermath of Hunstein: Where Does the Financial Services Industry Go from Here? [CC]

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