On September 8, 2022, in Hunstein v. Preferred Collection and Management Services, Inc. , No. 19-14434, the Eleventh Circuit Court of Appeals issued an en banc decision which departs significantly from the panel decision on Article III standing issues and statutory causes of action. The case has broad implications for how the Eleventh Circuit applies Article III standing analysis, particularly in consumer finance cases, but also in other cases where a statutory violation has a dubious relationship to any real harm to the plaintiff.
The plaintiff in Hunstein sued a ...
In Magdy v. I.C. Sys., Inc., No. 21-3010, 2022 WL 4075764, at *1 (8th Cir. Sept. 6, 2022), the Eighth Circuit Court of Appeals, faced with a matter of first impression, held that a non-consumer attorney could not bring an FDCPA claim.
The facts of the case are straightforward. On July 27, 2020, Andrew Madgy (“Madgy”), a bankruptcy attorney, received a debt collection letter from I.C. System, Inc. (“ICS”). The letter identified Madgy as the attorney for a consumer named in the letter. The only problem – Madgy was not the consumer’s lawyer and the consumer had neither ...