News & Analysis as of

Debtors Third-Party Service Provider

Smith Debnam Narron Drake Saintsing & Myers,...

Where the Rubber Meets the Road

For the past year, the industry’s attention has been focused on the Debt Collection Rule (the “Rule”), its changes, and the new expectations it will place on debt collectors; but as the rubber meets the road, collection...more

Perkins Coie

11th Circuit Issues FDCPA Decision That Could Dramatically Impact Mortgage Servicers Operations

Perkins Coie on

In Hunstein v. Preferred Collection and Management Services, Inc., 994 F.3d 1341 (11th. Cir. 2021), the Eleventh Circuit held that a debt collector’s communication of a consumer’s personal information to a third party print...more

Baker Donelson

Hunstein on Rehearing – Revisiting Article III Standing in the Eleventh Circuit

Baker Donelson on

On April 21, 2021, the Eleventh Circuit Court of Appeals issued its decision in Richard Hunstein v. Preferred Collection and Management Services, Inc., and potentially created a new claim under the Fair Debt Collection...more

Alston & Bird

The Hunstein Case: Upending Servicing and Debt Collection?

Alston & Bird on

A&B Abstract: The U.S. Court of Appeals for the Eleventh Circuit, covering Alabama, Florida, and Georgia, recently decided in Hunstein v. Preferred Collection and Management, Inc., that a debt collector’s communication with...more

K&L Gates LLP

Not a Preferred Course: 11th Circuit Decides FDCPA Question in Hunstein v. Preferred Collection and Management Services

K&L Gates LLP on

On 21 April 2021, the 11th Circuit held that a debt collector’s transmittal of a customer’s debt-related data to a third-party letter preparation vendor without authorization stated a Fair Debt Collection Practices Act...more

Dechert LLP

The Fifth Circuit Shifts the Risk of Doing Business with Fraudulent Enterprises to Trade Creditors

Dechert LLP on

When a debtor pays the market cost for goods and services provided to it by third-party vendors, these payments normally cannot be recovered as fraudulent transfers in the U.S. That is because the debtor receives reasonably...more

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