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The ABCs of the UCC, Article 3: Negotiable Instruments and Article 4: Bank Deposits and Collections, Fourth Edition
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Closed Captioned.
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.
Consumer Financial Services
CL2201CFSW02OLC
60
1/19/2022 12:00:00 AM
Publications | Book
The ABCs of the UCC, Article 3: Negotiable Instruments and Article 4: Bank Deposits and Collections, Fourth Edition
Publications | Book
The Portable Bankruptcy Code & Rules, 2024 Edition
Publications | Book
ABCs of the UCC, Article 4A: Funds Transfers, Fourth Edition
Mar
20
Events | In-Person
2025 Privacy and Emerging Technology National Institute
ETHICS 60 min
Join us in the city where it happens.Hosted by the ABA Science & Technology Law Section (SciTech), the Privacy and Emerging Technology National Institute combines Privacy with the Section’s Spring Me…
Jan
23
Events | In-Person
Consumer Financial Services Committee Meeting 2025
CLE 60 min
Unlock the latest developments and gain the knowledge needed to navigate the complexities of consumer financial services law while staying ahead of regulatory changes.