11th Circ. Divides but retains the revised opinion of the FDCPA


By Nathan Hale (October 28, 2021, 10:29 p.m. EDT) – The decision of an Eleventh Circuit panel in a Fair Debt Collection Practices Act case that rocked the debt collection industry split on Thursday in response to a recent US Supreme Court ruling, although the outcome has remained the same for the time being.

In a revised opinion, the three-judge panel still decided to overturn a trial court’s dismissal of Richard Hunstein’s lawsuit accusing Preferred Collection and Management Services Inc. of breaking the law by transmitting his information. private to a third-party commercial mail provider, but Senior U.S. Circuit Judge Gerald Bard Tjoflat withdrew his support for this result based on the judges’ opinion in TransUnion …

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