Richard Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434 (11th Cir. 2022)Annotate this Case
Plaintiff alleged that Preferred Collection had disclosed information about his debt to a third party—the mail vendor—in violation of the Fair Debt Collection Practices Act. Following the revised opinion, the full Eleventh Circuit voted to take the case en banc. The Eleventh Circuit vacated the district court’s order and remanded with instructions to dismiss the case without prejudice. The court held that Plaintiff did not have standing, thus the district court lacked jurisdiction to consider his claim.
The court explained that Plaintiff is simply no worse off because Preferred Collection delegated the task of populating data into a form letter to a mail vendor; the public is not aware of his debt (at least, not because of Preferred Collection’s disclosure to its vendor). Nor is it clear, or even likely, that even a single person at the mail vendor knew about the debt or had any reason—good, bad, or otherwise— to disclose it to the public if they did. Given the obvious differences between these facts and the traditional tort of public disclosure, the court found that no concrete harm was suffered here.
This opinion or order relates to an opinion or order originally issued on April 21, 2021.