Eleventh Circuit Withholds Mandate in Hunstein v. Preferred Collection and Management Services, Inc.

Burr & Forman

Burr & Forman

On June 14, 2021, the Eleventh Circuit Court of Appeals issued a one-line order stating that the Court was withholding issuance of the mandate in Hunstein v. Preferred Collection and Management Services, Inc. The appeals court’s April 21, 2021, published ruling in Hunstein sent shockwaves through the collection industry when it held that debt collectors who share information about consumers’ debts with collection vendors can violate provisions in the Fair Debt Collection Practices Act (“FDCPA”) aimed at protecting consumer privacy.

The withholding of the mandate was likely triggered by the petition for en banc rehearing that was filed in late May and that remains pending. Since the petition was filed, over a dozen amicus briefs have been filed in support of the petition for rehearing, mainly by groups advocating on behalf of creditors and their vendors. It remains to be seen whether the Court will grant the petition and give the case—and its potentially far-reaching consequences—renewed consideration.

Pursuant to Eleventh Circuit internal operating procedures, published opinions such as Hunstein are binding precedent, regardless of whether a mandate is issued. If the petition for rehearing en banc is granted, the original opinion will be vacated.

A full summary of Hunstein can be found here.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Burr & Forman | Attorney Advertising

Written by:

Burr & Forman

Burr & Forman on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.