NCBA is Working to Coordinate Industry Efforts to Respond to Hunstein Ruling
May 6, 2021
The recent ruling in the Hunstein v. Preferred Collection has created serious concern across all segments of the creditors rights industry. The Court found that the use of a letter vendor was a third-party communication in violation of FDCPA. The Defendant, Preferred Collection and Management Services, will be filing a petition with the Eleventh Circuit Court of Appeals for an en banc rehearing of the case. This ruling left unchallenged could have far reaching detrimental industry ramifications.
We are proud to report NCBA has retained the highly experienced law firm of Barron & Newburger to draft our Amicus Brief.
NCBA and other industry trade associations—including ACA, RMAI, CRC, Mortgage Bankers Association, and vendor coalitions—are coordinating to strategically ensure that each filed Amicus Brief presents unique legal arguments and are not a duplicative effort.
Additionally, NCBA facilitated two collaborative Amicus Brief initiatives. June Coleman and Lauren Burnette of Messer-Strickler will be filing a Brief on behalf of over 10 State Creditors Bar Associations (SCBA). We also reached out to NCBA vendor partners to give them the option of a pooled response. David Schultz of Hinshaw & Culbertson LLP has agreed to represent the Industry Vendor Amicus Brief group currently in formation.
These efforts go a long way towards ensuring NCBA is the recognized, premier advocate for attorneys practicing creditors rights law.
To support our advocacy, please consider contributions to the NCBA PAC and/or Advocacy Support Fund.
For more information about these and other NCBA advocacy initiatives, please contact [email protected].