Appeals court dismisses Hunstein suit in win for banks
An appeals court ruled that the electronic delivery of private information that was not made public did not constitute real harm to the consumer.
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An appeals court ruled that the electronic delivery of private information that was not made public did not constitute real harm to the consumer.
Highlights The U.S. Court of Appeals for the Eleventh Circuit's recent ruling in Hunstein v. Preferred Collection and Management Services, Inc. may upend the long-standing and rather routine business practice of financial services companies using third-party vendors to manage, service and collect on outstanding debt. Citing ostensibly to general privacy concerns and applying a textual analysis of the Fair Debt Collection Practices Act (FDCPA), the Eleventh Circuit reversed the lower court, holding that when a debt collector provides an outside letter vendor with personal account information ...