When the Hunstein decision(s) (see citations below) first came out, it caused shock waves through the collection industry. Taken on its face, no debt collection entity would be able to use any third-party vendor to perform any tasks if the transmission of what could be deemed personal information were sent in connection with the service to be performed. While the case had to do with a mailing service used by the debt collector, its application could spread to skip tracing services, service of process vendors and other service providers essential to debt collectors, both large and small.
This presentation will follow the case from its beginnings in Middle District of Florida through the final decision in the 11th Circuit on September 8, 2022. We will explore what the decisions said, did not say and prognosticate on where this will leave us in the years to come. Lastly, we will examine some Kentucky cases to divine what may happen if a similar action were brought in the Commonwealth.
If you have any questions regarding this article, would like more detail, or to know how it affects your business or have questions about Hunstein’s effects, please contact Tom Canary at [email protected] or KWA at [email protected]. KWA will keep you abreast of any additional changes and appreciate you consideration of using us for your collection, replevin, bankruptcy, foreclosure, and other legal needs in WV, OH, KY, IN and WI.