The Eleventh Circuit’s far-reaching decision in
Hunstein v. Preferred Collection and Management Services, Inc. which we previously covered on this blog continues to raise questions for the wide range of industries that fall within the FDCPA’s definition of “debt collectors.” To put it briefly, the Eleventh Circuit held that a debt collector violates the FDCPA when it communicates with any third party including a vendor or other party assisting with the collection or servicing of the loan regarding the loan or debt.
One issue not considered by the Eleventh Circuit is whether the court’s interpretation of the FDCPA’s prohibition on disclosures to third parties renders the statute unconstitutional under the First Amendment.
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Does the federal Fair Debt Collection Practices Act (the FDCPA) apply to communications between a debt collector and its vendors? And, is the FDCPA a consumer privacy statute? In an apparent issue of first impression, the Eleventh Circuit answered a resounding
yes.
In an April 21, 2021 opinion:
Richard Hunstein v. Preferred Collection and Management Services, Inc., the Eleventh Circuit ruled that a debt collector’s transmittal of a consumer’s personal information to a dunning vendor was a third-party communication in violation of 15 U.S.C. § 1692c(b).
This opinion has the potential to upend the way debt collectors – including financial institutions that may be considered a debt collector under the FDCPA – run their businesses. At least in the short term, this opinion will likely result in a new wave of FDCPA class action lawsuits, particularly in the Eleventh Circuit (Alabama, Florida, and Georgia).
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Welcome to Jenner & Block s Government Contracts Legal
Round‑Up, a biweekly update on important government contracts
developments. This update offers brief summaries of key
developments for government contracts legal, compliance,
contracting, and business executives. Please contact any of the
professionals at the bottom of the update for further information
on any of these topics.
Executive Orders
President Biden is raising the minimum wage for workers under
federal government contracts to $15.
Contractors should expect to see a $15 minimum wage in new
contract solicitations and option modifications beginning on
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