News & Resources

In a contract dispute, not a consumer defense case, a federal trial court in Illinois just confirmed what was suspected but not entirely clear in Regulation F – the CFPB model notice is more of a suggestion than a legal requirement.

Is this the new Hunstein, where a widely used practice generally accepted as compliant suddenly becomes a risk? A federal trial court in Chicago concluded that a debt collector could be violating the FDCPA when broadcasting a local area code on its Caller ID when the caller did not have a physical presence in that area.

The April 21, 2021 Hunstein v. Preferred Collection and Management Services Inc. 3-judge ruling issued from the federal 11th Circuit Court of Appeals started a tidal wave of litigation. The court first found that transmitting a data file to a letter vendor could violate the FDCPA with the improper the disclosure of information about the debt to a third-party (the printer). After a 3-judge rehearing and then a very special appeal to the full 12-judge 11th Circuit during February 2022, on September 8, the court released its long-awaited decision. The Sessions Firm represented several clients in the appeal.

On July 1, 2021, medical collection activity stopped in Nevada because S.B. 248 became effective.  

Since the 7th Circuit released their 2014 McMahon decision, using the word “settle” or “settlement” in any settlement offer letter has exposed collection agencies to being sued. Finding an FDCPA violation, the McMahon Court ruled that the consumer could reasonably assume that “settle” was a legal term and consumers would fear being sued for the debt.

Courts across the country have been required to deal with the tsunami of cases filed after the 11th Circuit’s industry changing order in Hunstein v. Preferred. While we all wait for the 11th Circuit to issue its new opinion, which is expected any day now, a New Jersey state court judge recently issued a stinging rebuke of the Hunstein theory.

SESSIONS, ISRAEL & SHARTLE is delighted to announce that two of our partners, Bryan C. Shartle and David R. Clouston, have been recognized as The Best Lawyers in America for 2023. 

In Creager v. Columbia Debt Recovery, a district court judge partially granted plaintiff’s motion for summary judgment, concluding that the debt collector’s attempts to collect an unpaid apartment debt with an balance inflated because the plaintiff had forfeited her security deposit, violated the FDCPA. The information supplied by creditor/client did not protect the debt collector.

Though the volume of Hunstein cases has slowed significantly, cases are continuing to be brought. Surprisingly, the newer cases these days have largely been in just a few states like Florida, New York and Illinois.