THE HUNSTEIN COMPLAINTS ARE POURING IN: Eleventh Circuit Ruling Produces Predictably Swift Deluge of Class Action Litigation

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Well that didn’t take long.

In week since Hunstein was decided I have over a dozen class action filings pour in.

Names like Portfolio Recovery Associates, Financial Recovery Services, Allianceone Receivables Management, Jefferson Capital Systems and Convergent Outsourcing have all been hit in putative class actions early in the week– I have a pile more complaints that I have yet to review.

Here are some complaints so you know what the allegations look like:

(01) Complaint [2021-04-27](

1) Class action complaint

(1) Complaint — Kastern v FRS

(1) Class action complaint (Borges v JPA)

(1) Complaint — Valentin v PRA

No complaints against creditors or first-party servicers that I have seen yet (if you see one let me know!)

The Plaintiff’s bar has vowed to file a massive number of Hunstein claims calling it like “shooting fish in a barrel.” Indeed one Plaintiff’s lawyer I talked to told me to expect an “avalanche” of these cases.

Well yesterday I joined a really good panel and had a hot little debate about Hunstein and what it means going forward. I was the “doom and gloom” guy–probably because I read all of these complaints!

Check out the video here:

The ARM Industry, Post-Hunstein. Legal and Operational Insights from Mike Gibb on Vimeo.

Also if you’re not watching RIGHT NOW Mike is hosting a second panel with plaintiff’s lawyers–including Abbas and Sergei– join late (for free) here.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

6 Comments

  1. Is there somewhere I can go to get the recording of a second panel with plaintiff’s lawyers–including Abbas and Sergei– join late

    Reply
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