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Florida s New Mini-TCPA: What You Need to Know | Holland & Knight LLP
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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 relating to the collection of a debt, it rises to the level of an impermissible communication with a third party to which there is no exception