Not a Preferred Course: 11th Circuit Decides FDCPA Question in Hunstein v. Preferred Collection and Management Services Wednesday, May 12, 2021
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 (FDCPA) claim under 15 U.S.C. § 1692c(b). The 11th Circuit’s decision may have implications for the debt-collection businesses that outsource customer-related tasks to vendors.
In
Hunstein v. Preferred Collection and Management Services, Inc., the plaintiff incurred debt to a hospital for medical treatment.
1 The hospital transferred the debt to the defendant to collect.
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Facts
Plaintiff, O Donnell, bought his condo in 2012 and sold it
in 2019. Beginning in 2013, O Donnell missed various
assessment payments. In late 2013 the association filed a
lien, and in 2018 the association commenced a foreclosure
action. To bring the lawsuit to an end, O Donnell sold
his unit. The sale allowed O Donnell to pay off the
claimed past due assessments and attorney fees. At the time
of sale, he paid $23,342 to the association and $22,234.94 to the
attorneys which brought the case to an end. Plaintiff then
filed suit against the association s law firm alleging
violations of the Fair Debt Collection Practices Act
( FDCPA ) by filing a foreclosure suit without legal