Eleventh Circuits Orders Rehearing En Banc In Hunstein

In a move that shocked no one, including the Czar of TCPAWorld, the Eleventh Circuit Court of Appeals issued an order vacating its last opinion in Hunstein vs. Preferred Collection & Management Services, Inc., and ordered the case to be reheard en banc. This development is just the latest in one of the most significant financial privacy litigations this year, with widespread implications for the debt collection industry regardless of how the Eleventh Circuit subsequently rules.

First, a recap of the facts and procedural history of the litigation-including all of its twists and turns before the Eleventh Circuit.

In Hunstein v. Preferred Collection and Management Services, Inc., the Eleventh Circuit issued a ground breaking decision concerning application Section 1692c(b) of the Fair Debt Collection Practices Act ("FDCPA"). Plaintiff incurred a debt to a hospital arising out of his son's medical treatment. The hospital assigned the debt to a debt collector.