November 19, 2021 – Following the recent opinion in Hunstein v. Preferred Collection and Management Services, Inc. issued on October 28, 2021, the Print & Mail Coalition (the “Coalition”) reconvened to explore ways to collectively assist the accounts receivables management (ARM) industry. The Coalition believes the ARM industry plays a critical role in the American economy and will remain unified and committed to legal and operational solutions that simultaneously promote business efficiencies and consumer protection.
The Coalition is pleased to report that the full court of 11th Circuit Court of Appeals recently issued an order agreeing to rehear the Hunstein case. Importantly, the court vacated the 11th Circuit’s October 28, 2021, revised opinion. The Coalition remains optimistic that the 11th Circuit will, at a minimum, issue yet a third ruling consistent with the U.S. Supreme Court precedent from Transunion, LLC v. Ramirez. While Hunstein continues to be debated and litigated in front of the 11th Circuit, it is indisputable that consumer data is better protected and more accurately delivered when the ARM industry utilizes the services provided by the members of the Coalition.
Attorneys from the ARM industry and the Coalition continue to work alongside operational executives developing and implementing ideas that are expected to buttress the already strong factual defenses to the allegations asserted by Hunstein. Through industry collaboration, the Coalition expects the ARM industry will be successful in; (1) showing that these opportunistic plaintiffs lack Article III standing, or (2) obtaining positive rulings on the merits. The ARM industry has trusted its business partners in the Coalition for years. That trust was built over a long period of time by accurately and securely making sure each record sent by Coalition members is processed, sealed, and mailed correctly. Steadfast in its support, the Coalition looks forward to standing with the industry during this fight.